(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "The Confederate records of the State of Georgia"

NYPL RESEARCH UBRARIES 

|lll|llll|lltlll|llllll|ll|l|lll|lllllll|lll|llll|ll 



3 3433 07952594 9 



r 



/ / . 



V.'- 



THE 

Confederate Records 

OF THE 

STATE OF GEORGIA 



COMPILED AND PUBLISHED UNDER AUTHORITY 

OF 

THE LEGISLATURE 

BY 

ALLEN D. CANDLER. A. M., LL. D. 



VOLUME VL 



INTRODUCTION TO RECONSTRUCTION RECORDS. 

GENERAL ORDERS COVERING RECONSTRUCTION, 
1867-1868. 
RECONSTRUCTION ACTS AND PRESIDENT'S VETOES. 
JOURNAL OF CONSTITUTIONAL CONVENTION, 1867-1868. 



Atlanta, Ga. 

Chas. p. Byrd, State Printer. 

1911. 




AV:- 



INTRODUCTION TO RECONSTRUCTION 
RECORDS. 

The War between the States was precipitated by the 
republican party, which had elected Mr. Lincoln to the 
presidency avowedly, at first, for the restriction of 
negro slavery, but really for the abolition of the institu- 
tion. Mr. Lincoln had declared, before his election, that 
the republic could not exist half slave and half free. The 
contest was inaugurated, not so much because the masses 
of the Northern people loved the negro and hated slav- 
ery, as because the republican politicians were jealous of 
and envied the South and the Southern people who had 
played so conspicuous a part in the establishment of the 
republic and promoted its greatness and glory. The 
slogan of the invaders was at first ''down with slavery," 
but thinking men at the North were unwilling to take the 
risk of deluging a continent with blood and piling up a 
national debt, appalling in magnitude, to accomplish a 
result which could be accomplished much more easily and 
cheaply by peaceful means, as had been done in other 
countries. Many Northern republicans would not sus- 
tain a war waged on such an issue. At the suggestion 
of Mr. Seward, therefore, Mr. Lincoln changed the war 
cry, and henceforth the slogan was "the Union must and 
shall be preserved," and the war was prosecuted there- 
after ostensibly for the preservation of the Union, and 
not for the freedom of the negro. The orators of the 
North and the partisan press represented the Southern 
States, hitherto the staunchest supporters of the Union. 



4 Confederate Records 

as being engaged in a *' wicked and unprovoked rebel- 
lion" to destroy the Union. 

ITavinsj: tlms (•lian,ii:ed tlie issue, Mr. Lincoln and his 
followers rallied a solid North in support of their policy. 
During the first years of the war but little thought was 
given by the Lincoln administration as to the final dis- 
position to be made of the South when overrun. The im- 
mediate object in view was to destroy slavery and the 
power of the South so long dominant in the national 
councils. 

About the beginning of 1864, all Southern ports 
having been blockaded, the Southern people completely 
cut off from communication with the outside world, all 
the border States occupied by Federal troops, and some 
of the seceded States overrun by Federal armies, Mr. 
Lincoln announced that it would be his policy to restore 
each State to its former position in the Federal Union 
as soon as one-tenth of its population had taken the oath 
of allegiance and organized a State government pledged 
to abolish slaver>\ Tennessee, Arkansas and Louisiana, 
•which had been subdued prior to this time, had been 
restored to their former positions on these terms. After 
Lincoln's death his successor, President Johnson, adop- 
ted the same policy, but before this policy could be put 
into operation Generals Lee and Johnston had sur- 
rendered the armies under their commands, and all of 
the remaining States of the Confederacy east of the Mis- 
sissippi River were completely under the control of the 
Federal armies. 

After the surrender of General Lee, further resis- 
tance being hopeless. General Joseph E. Johnston, under 
the advice of President Davis and two members of his 



Introductory Chapter 5 

cabinet, Messrs Breckenridge and Reagan, who were 
with him, proposed to surrender all the Confederate 
troops then in the field on condition that the Federal 
authorities would guarantee protection, of life, liberty 
and property in the States of the South and recognize 
existing governments in them upon the renewal, by their 
oflScers, of their oaths of allegiance to the United States. 
But when this proposition of Johnston's, agreed to by 
Sherman, was communicated to the President and his 
cabinet it was promptly rejected, and General Johnston, 
on the t wenty sixth of April 1865, surrendered to General 
Sherman, not all the armies of the Confederacy then in 
existence, but only the soldiers in his department, in 
which was included the State of Georgia, and they were 
surrendered unconditionally as prisoners of war. As 
soon as Governor Joseph E. Brown, of Georgia, received 
intelligence of the surrender of General Johnston, he 
issued a proclamation on the third day of Miay, 1865, 
convening the Legislature on the twenty second of May, 
following, to take such action as was best calculated ''to 
prevent anarchy, restore and preserve order and save 
what could be saved of liberty and civilization." 

This action of Governor Brown, taken only for the 
purpose named in his proclamation, was condemned by 
the Federal authorities, and the Commanding General 
issued orders, on the 15th of May, declaring ''the procla- 
mation of Joseph E. Brown, styling himself Governor of 
Georgia, void," and forbidding the Legislature to meet. 
The military authorities of the United States assumed 
practically all the functions of the civil government of 
the State. Troops were stationed in all the cities and in 
nearly all the county sites ; the civil courts were practi- 



6 Confederate Records 

cally all closed, and the Provost Marshal's court assumed 
jurisdiction in almost everything. Military orders took 
the place of the State code, and by them almost all the 
daily transactions of business life were regulated, even 
the prices at which commodities in use in daily life could 
be sold were, in many instances, fixed by military orders, 
and tlie manner in which the schools were to be conduc- 
ted, when schools had been re-opened, was subject to 
military orders. 

Governor Brown, notwithstanding he had been 
paroled by General Wilson and the faith of the govern- 
ment pledged that he should not be molested so long as 
he desisted from waging war against the United States, 
was, on the 9th of May, in violation of the terms of his 
parole, arrested and imprisoned in Washington City for 
some two weeks. Finally, being admitted to the presence 
of President Johnson, he succeeded in satisfying him 
that his act in issuing a proclamation convening the 
Legislature of his State in extraordinary session was 
not a hostile act, but was prompted solely by a desire to 
prevent anarchy and starvation among the people, many 
of whom, especially in the path of Sherman's march to 
the sea, were wholly destitute; whereupon he was re- 
leased and allowed to return to Georgia, where he ren- 
dered valuable aid to the President in his effort to re- 
construct the State government preparatory to the re- 
storation of the State to its old place in the Union. To 
this end, on June 17, 1865, President Johnson appointed 
the Honorable James Johnson, of the county of Mus- 
cogee, Provisional Governor. One of the first acts of 
Provisional Governor Johnson was to issue a proclama- 
tion ordering an election of delegates to a Constitutional 



Intboductoby Chapteb 7 

Convention to be held on the first Wednesday in October, 
1865. The convention was to assemble in the State Capi- 
tol in Milledgeville on the fourth Wednesday in the same 
month. In the election of delegates to this convention all 
persons were permitted to vote who had taken the oath 
of allegiance provided for in the President's amnesty 
proclamation of the 25th of the preceding May, and who 
were qualified to vote under the State laws in force prior 
to the secession of the State. Provisional Governor 
Johnson, who was a man of ability and unquestioned 
integrity, used all of his personal influence to induce the 
people of the State to accept the situation and take the 
required oath and participate in the election of delegates 
to the convention. To the same end, Governor Brown 
issued an address to the people of the State, who had four 
times elected him chief magistrate, resigning the office of 
Governor and urging the people to ''accept the situa- 
tion." 

The convention met on October 25, 1865, the day 
provided in the Provisional Governor's proclamation. It 
was composed almost entirely of ex-Confederate soldiers, 
most of them clad in their old threadbare Confederate 
uniforms for want of better and more stylish garbs. It 
was an unusually strong body. Ex-Governor Herschel 
V. Johnson was elected President. It proceeded at once 
to comply with all the demands of President Johnson 
under his plan of reconstruction. The ordinance of 
secession and the ordinance adopting the Constitution 
of the Confederate States were repealed. A new consti- 
tution for the State was adopted; all debts contracted 
"in aid of the rebellion" were repudiated, and slavery 
was forever abolished in the State. The convention also 
provided for a general election on the 15th of November, 



^ rONFEDEIlATE KeCORDS 

at which a Governor and Senators and Representatives 
in the Legislature were to bo elected. The election was 
accordingly held, and the Honorable Charles J. Jenkins, 
one of the ablest and most highly esteemed men in the 
State, was elected Governor. On the 4th of December 
the Legislature met, and on the 14th Jenkins was inau- 
gurated Governor. 

On December 9th the Legislature, in compliance with 
the last demand of President Johnson, ratified, by an al- 
most unanimous vote, the thirteenth amendment of the 
constitution of the United States abolishing slavery. 
The Provisional Governor was relieved from duty, and 
Georgia, having complied with all the demands of the 
President of the United States, was supposed by her 
Legislature and her people to have been thus restored to 
her i>lace in the Union, but Congress, as will appear, 
thought differently. 

The first Legislature after the adoption of the Con- 
stitution of 18G5, met in Milledgeville on the 4th day of, 
December, ]8()5, the same day on which Congress met in 
Washington. The convention just adjourned had com- 
plied with all the requirements of President Johnson ex- 
cept the ratification of the thirteenth amendment to the 
constitution of the LTnited States, and this they could not 
do because all proposed amendments had to be ratified 
by the Legislatures of the States, and not by conventions 
of the people. Accordingly the Legislature, on December 
the 9th, ratified the amendment, and the people of Geor- 
gia expected, and had a right to expect, the withdrawal 
of all troops and the admission of their Senators and 
Representatives to seats in Congress. 

When Congress met, the President, in his mes&age, 



Intkoductory (Chapter 9 

advised both Houses fully as to what he had done and 
what he required the proscribed States to do in order to 
be restored to the Union. It was apparent that he re- 
garded the requirement that the States ratify the thir- 
teenth amendment of the constitution of the United 
States, abolishing slavery, as a condition precedent to the 
admission of their Senators and Representatives in Con- 
gress, as the utmost that could be required of them, and 
that the Senators and Representatives from such States 
as had complied with all of these requirements should 
be at once admitted into Congress. But it was plainly 
apparent that the republican leaders in Congress were of 
a different mind. Immediately after the reading of the 
President's message in the Senate, Senator Sumner in- 
troduced a resolution to the effect that before Senators 
and Representatives from the Southern States could be 
admitted they must, in addition to doing the things 
President Johnson had required, give the elective fran- 
chise to "all citizens" regardless of race or color, estab- 
lish schools which should be open to wliite and colored 
children alike, and elect loyal persons to all offices, both 
State and Federal, and give the Federal court jurisdic- 
tion over the State courts in all cases in which racial 
discrimination was alleged. 

Many other bills and resolutions were offered pro- 
posing as many different methods of treatment for the 
''rebel States." A joint committee was appointed to 
** enquire into the condition of the States which formed 
the so called Confederate States of America and report 
whether they, or either of them, are entitled to repre- 
sentation in Congress." This was on the 18th of 
December, but the committee did not report until the 30th 



10 Confederate Kecohds 

of April, 1867. In the meantime the civil rights bill had, 
on the 9th of April, become a law. It made it a crime to 
discriminate against any person on account of race or 
color under the alleged authority of any State law or cus- 
tom, and gave the Federal judicial authorities power to 
arrest and punish any one guilty of the offense. 

A freedmen's bureau bill, which treated the Southern 
States as conquered territory, passed both Houses of 
Congress but was vetoed by President Johnson. A great 
many other bills and resolutions all looking to the pun- 
ishment and humiliation of Georgia and the other South- 
em States, were proposed by members of the dominant 
party during the five months consumed by the reconstruc- 
tion committee in "enquirin.ir into the condition of the 
States which formed the so-called Confederate States of 
America, and reporting whether they, or any of them, 
are entitled to representation in either House of Con- 
gress." 

Finally, on the 30th of April, the committee reported. 
The report was not unanimous, but two reports, a major- 
ity and a minority report, were submitted. The report 
of the majority was to the effect that the governments 
established by President Johnson were only provisional, 
having been established by the President under his mili- 
tary authority as commander-in-chief of the army, and 
not in fact State governments, and therefore were in- 
capable of sending Senators and Representatives to 
Congress. The majority of the committee recommended 
another amendment to the constitution to be known as 
the fourteenth amendment, forbidding any State to 
abridge the privileges or immunities of citizens of the 
United States, or to deny to any citizen equal protection 



Introductory Chapter 11 

of the law. They also reported a bill declaring that as 
soon as any one of the rebel States has ratified the said 
proposed amendment it should be entitled to representa- 
tion in Congress, but not before. 

The minority contended that if Congress agreed to 
the majority report, it would repudiate its own declara^ 
tion made in 1861 that "the war is not waged on our pan 
in any spirit of oppression, nor for the purpose of over- 
throwing or interfering with the rights or established 
institutions of those States, but to defend and maintain 
the supremacy of the Constitution, and to preserve the 
Union, with all the dignity, equality and rights of the 
several States unimpaired." 

After a protracted discussion of the two reports, that 
of the majority was adopted and a substitute for their 
resolution proposing a fourteenth amendment was agreed 
to. This, together with the civil rights bill and the 
freedmen's bureau bill in a somewhat modified form, was 
the net result of discussion and legislation on recon- 
struction at that session. 

When Congress again met in December, 1866, the 
discussion was renewed and scores of new reconstruction 
measures were proposed. The temper of the party lead- 
ers, instead of cooling down during the recess, seemed 
to have grown more violent. A resolution was introduced 
that ''all proceedings looking to reconstruction originat- 
ing in executive power were in the nature of usurpation, 
and that it is shocking to common sense when it under- 
takes to derive new governments from a hostile popula- 
tion which has just been engaged in armed rebellion, and 
that all governments having such an origin are illegal 



12 Confederate Records 

and void." Another resolution directed the committee 
on territories to take the necessary steps to organize into 
territories the districts lately in rebellion. An impas- 
sioned orator declared in the Senate that it would be a 
national disgrace if Congress should fail to take the 
necessary steps to protect the "loyal whites and the 
freedmen who were being hastened to secret graves, not 
by hundreds but by thousands, daily." It seemed as if 
the storm would never spend its iury. But, finally, in 
February, 18G7, all pending measures were abandoned by 
the House and a new bill, afterwards known as the re- 
construction act, was introduced, and early in March it 
became a law. It provided that the conquered States 
should be divided into five military districts, and that the 
President should assign to each an officer not below the 
rank of Brigadier-General, and put under his command 
military force sufficient to enable him to "protect all per- 
sons in their rights of person and property, to suppress 
insurrections, disorder and violence, and to punish all 
criminals and disturbers of the public peace." The 
existing governments in the Southern States, erected 
under the President's plan of reconstruction, were to be 
"regarded as provisional only, and in all respects to be 
subject to the paramount authority of the United States 
at any time to abolish, modify, control or suspend the 
same." 

When the reconstruction act was put in force and the 
States of the South divided into military districts, Geor- 
gia was put in the third district over which, first. General 
Pope, and some months later. General Meade was ap- 
pointed ruler. Pope, on the 8th of April, 1867, issued 
an order providing for the registration of voters pre- 



Introductory Chapter 13 

paratory to ordering an election for delegates to a con- 
stitutional convention. The State was divided into forty- 
four registration districts and two white registrars, each, 
if possible, either a carpet-bagger or a scalawag, were 
appointed in each district, and these two were directed 
to complete the board of registration by selecting a 
negro colleague. This board of registration was re- 
quired to register all citizens, white and colored, above 
twenty-one years of age, except such as were disqualified 
under the proposed fourteenth amendment, which had 
not yet been ratified by the requisite number of States 
and was not, therefore, a part of the constitution. None 
of those excepted could either register, vote or sit in the 
proposed convention. Thus a majority of the best and 
most intelligent men in Georgia were disfranchised and 
debarred from seats in the convention. The election to 
determine whether a convention should be held or not, at 
which delegates to the convention should be elected if a 
majority voted ''for convention," was ordered by Gen- 
eral Pope to begin on the 29th of October, 1867, and the 
polls were to be kept open for three days. The board of 
registrars, (two white men and one negro) were to be 
judges of the election. 

On the 30th of October, during the progress of the 
election. Pope ordered the polls to be kept open for five 
days instead of three, as at first ordered, so as to giv^ 
the negroes ample time to vote. The election resulted 
in 103,283 for a convention and 4,127 against. The whole 
number of votes cast was about 80,000 short of the num- 
ber of the registered voters in the State. This was due 
to the fact that nearly all of the most respectable and con- 
servative men in the State, who had not been excluded 



^4 Confederate Records 

from the polls by miliUiry orders, declined to take any 
part in a proceeding intended to punish and humiliate 
them. 

Delegates to a constitutional convention were elected 
by practically the same vote as that which ratified the 
call for a convention. Of these delegates less than a 
score were representative citizens of the State. The rest 
were either carpet-baggers, scalawags or negroes. This 
convention, which has come down in history as "the 
black and tan convention" because in it sat delegates of 
every hue, from the purest Caucasian to the blackest 
Congo negro, met in Atlanta on the 9th of December, 
1867, and sat until the middle of March, 1868. A few 
men, mostly carpet-baggers, controlled its action, and 
they, themselves, were controlled by the military satrap 
sent down as commander of the third military district. 
The great majority of the body were ignorant and illit- 
erate, and followed blindly the instructions of their 
carpet-bag leaders. But few things worthy of attention 
marked its deliberations. One, however, is worthy of 
note because of its high handed character. Soon after 
the organization of the body it made requisition on the 
State Treasurer, John Jones, for forty thousand dollars 
with which to pay its officers and members. Jones, the 
Treasurer, declined to honor the requisition until the 
warrant of the Governor, countersi.gned by the Comp- 
troller-General, was presented. Governor Jenkins, mind^ 
ful of his oath of office and the law which forbade the 
payment of any money from the treasury except on ap- 
propriations made by law, could not draw his warrant on 
the Treasurer for this money, because no money had been 
approi)riated by the Legislature for this purpose. 



Inteoductoby Chapteb 15 

Meade, who had succeeded Pope as CommaDder of the 
third military district, issued an order removing Gover- 
nor Jenkins from office and detailed Brevet Brigadier- 
General Thomas H. Ruger, U. S. A., Provisional Gov- 
ernor in his stead, and, at the same time and in the same 
way, ejected Jones from the treasury and detailed 
Brevet-Captain Charles F. Rockwell, U. S. A., to be State 
Treasurer in his place. Of course Governor Jenkins and 
Treasurer Jones could but yield to military force, and 
thus the two most important offices in the State govern- 
ment passed into the hands of two army officers with all 
the records of the two offices and the money in the 
treasury. Soon afterwards the venerable Secretary of 
State, Colonel Nathan Barnett, and the Comptroller- 
General, John T. Burns, were removed from office in the 
same way, and every branch of the Executive Office 
passed into the hands of alien army officers to the ex- 
clusion of the incumbents duly elected by the people of 
the State. 

Governor Jenkins, when driven from office, carried 
with him the seal of the Executive Department, and 
Colonel Barnett, the custodian of the great seal of the 
State, carried that away and concealed it until the people 
of Georgia recovered possession of their State govern- 
ment, and thus neither one of these seals was ever dese- 
crated by the hands of an enemy of Georgia. After the 
storm of reconstruction was over and the white people of 
Georgia had elected James M. Smith to the Executive 
Office, Governor Jenkins, recognizing him as his first legi- 
timate successor, restored the executive seal to him. The 
people of the State, when the mailed hand of the Fed- 
eral government was removed, restored Colonel Barnett 



16 Confederate Records 

to an office he had lilled so Iodjl; and well, and he un- 
earthed the groat seal from its hiding place and carried it 
back with him when he resumed the duties of his ofTice. 
It is but just to say that the military officers appointed 
to fill the four most important offices in the State govern- 
ment left them, when civil jj^overnment was restored, 
without taint of any sort attaching to their names. The 
duties imposed ujxm them were ungrateful, but they 
seemed to discharge them conscientiously, giving as little 
offense as possible to a proud and oppressed people. 

The convention did all, and more than all, that was 
demanded by the reconstruction act and the orders of 
the military commander under whose auspices they had 
assembled. One requirement of the reconstruction act 
they could not comply with; they could not ratify the 
proposed fourteenth amendment which disfranchised and 
disqualified nearly all of the best men in the State, and 
clothed every ignorant and illiterate negro with all the 
rights of citizenship. This could be done only by a three- 
fourths vote of the Legislature. The convention there- 
fore passed an ordinance, which was made effective by 
being incorporated in a military order, jjroviding for the 
election of a Legislature, a Governor and members of 
Congress, on the 20th day of April, 1868. At the same 
time the constitution adopted by the convention was to 
be submitted for ratification or rejection to the qualified 
voters of the State. At this election the constitution was 
ratified by a majority of seventeen thousand votes, three- 
fourths of those voting being negroes, and a native of 
New York, Rufus B. Bullock, was elected Governor. A 
Legislature and Representatives in Congress were also 
elected. 



Introductory Chapter 17 

The Legislature elected was convened by military 
order in Atlanta on the fourth of July, 1868. In it, as 
in the late Constitutional Convention, were members of 
every hue, but there was a lack of that unanimity of 
opinion which had marked the deliberations of the con- 
vention. The Senate was radical republican by a very 
decided majority. It elected as President Benjamin 
Conley, a radical republican of Northern birth, who had 
been for niany years a resident of the State. The temper 
of Mr. Conley, and of the men who elected him Presi- 
dent of the Senate, may be inferred from the following 
extract from his speech when he took the chair : 

"The government has determined that in this re- 
public — which is not, never was, and never can be a 
democracy — that in this republic republicans shall rule." 

A leader for a time in this body was a notorious 
negro carpet-bagger, Aaron A. Bradley, an ex-convict 
who had served a term in the New York penitentiary for 
felony. Later on, however, he was, through the persis- 
tent efforts of a few honest men in the Senate, prompted 
by State pride, expelled on the ground that having been 
convicted of felony he was ineligible under the terms of 
the constitution. 

In the House of Representatives the republicans elec- 
ted as Speaker, R. L. McWhorter of Greene County, a 
native Georgian who had made an honorable record as 
an officer in the Confederate army, but who, after the 
war, aligned himself with the dominant party. The 
House was more nearly equally divided than the Senate. 
While the democrats did not have half the seats neither 
had the radical republicans, but there was a third faction 



18 Confederate Records 

which, while elected as republicans, was not in full ac- 
cord with the radical wing of the party, and was opposed 
to some of the requirements of the reconstruction acts, 
among them the declaration of the right of negroes to 
hold office. They, at no time, had committed themselves 
to this doctrine. In the House there were twenty-eight 
negroes and in the Senate three. 

Prior to this the convention had done everything re- 
quired to be done in order to entitle Georgia to a restora- 
tion to her place in the Union on equality with all the other 
States, except the ratification of the fourteenth amend- 
ment, and this it could not do, as heretofore stated, 
because only the Legislature was, under the Constitution 
of the United States, competent to ratify an amendment 
to that instrument. On the 21st of July, to comply with 
this last requirement and secure the admission of Geor- 
gia's Senators and Representaives into Congress, both 
Houses of the Legislature, distasteful as it was to some 
of the members, ratified the amendment, thus complying 
with all the demands of the reconstruction acts and of 
the military commander of the district. On July 22d, 
Meade ordered all officers holding under military ap- 
pointment to turn over their offices to their successors 
elected under the new constitution. On the 28th of July, 
^feade was relieved from duty as commander of the third 
military district. On July 22d Bullock, who had been 
acting as "Provisional Governor" by military appoint- 
ment, was inaugurated as Constitutional Governor, and 
on the 25th the duly elected Representatives of Georgia 
to the national House of Representatives were sworn in 
and admitted to their seats. Her Senators, Messrs 
Joshua Hill and H. V. M. Miller, would doubtless have 



Introductoey Chapter 19 

been seated at the same time had they been present, but 
they were not, because Congress adjourned two days be- 
fore they were elected by the Legislature. 

Thus Georgia was a second time "reconstructed," 
and her long suffering people hoped that she had been 
sufficiently punished to satisfy her most relentless 
enemies. But not so. After she had been first devas- 
tated and impovished by a four years' war and had, at 
its close, in good faith, submitted to the Johnson recon- 
struction, complied with every demand of the President 
of the United States and, subsequently, with equal 
patience, complied with all the extreme demands of the 
most radical wing of the republican party in Congress, 
aided by the Governor of the State to the utmost of his 
ability, again she was, for a third time, to be disciplined 
by another reconstruction. 

The "Bullock Legislature," it will be remembered, 
met on the fourth of July. For the county of Randolph 
the Honorable William M. Tumlin and the Honorable 
David Goff had been elected members of the House of 
Representatives, and were so declared by General Meade 
in his order convening the General Assembly. They ac- 
cordingly appeared, qualified and took their seats. A 
few days later two negroes, Isaac Reynolds and James 
Jackson, instigated by certain vindictive partisans to 
whom Tumlin and Goff had rendered themselves obnox- 
ious, appeared and contested their seats. Mr. Tumlin, 
irritated by this high handed and unwarranted effort to 
oust him from his seat, on the eighth of August, intro- 
duced in the House a resolution declaring that persons of 
color were not eligible to seats in the General Assembly 
under the constitution and laws of the State. On the 



20 Confederate Records 

same day a negro member from the comity of Bibb, 
Turner by name, now a Bishop in the African Methodist 
Episcopal Church, introduced a resolution declaring 
that William M. Tumlin, sitting member from the county 
of Kandolph, is not entitled to the seat he holds. These 
resolutions precipitated a long and bitter fight. The 
committee on privileges and elections dismissed without 
consideration the resolution of Turner declaring Tumlin 
ineligible. The chairman of this committee and a 
majority of its members were radical republicans. 

On the question of the eligibility of negroes to hold 
office there were strong arguments on both sides. On 
the one side it was contended that negroes were citizens 
and voters under the 14th amendment to the constitution 
of the United States, and that the right to vote carried 
with it the right to hold office. The constitution of Geor- 
gia, under which this legislature was elected, was made 
by a convention in which there were many negro mem- 
bers, and an overwhelming majority of its members who 
were not negroes were the political friends of the negro, 
and most of them had been elected by negro votes. It 
would therefore be absurd to suppose that such a conven- 
tion would frame a constitution which deprived many of 
its o\\Ti members of the right to hold office, especially 
since in the election of delegates to this convention 85,- 
000 negroes and only 25,000 white men had voted, and in 
the election to ratify the constitution 70,000 negroes and 
only 35,000 white men had cast their ballots. 

On the other side it was claimed that the right to vote 
and the right to hold office are not inherent to citizenship, 
but only exist when specifically granted. The right to vote 
had been specifically granted to the negroes by the 14th 



Intboductoby Chapteb 21 

amendment, but the right to hold ofiQce had never been 
so granted and did not exist under the common law. 
Therefore it did not exist at all, and a negro could not 
hold office in Georgia. 

The question had been raised in the case of White 
against Clements, quo warranto, in Chatham Superior 
Court in June, 1868, and was finally disposed of in the 
Supreme Court, but not until after the legislature had 
passed upon it. The decision was not unanimous, but the 
court was divided. Justice McCay, speaking for the 
majority in the court, sustained the right of the negro 
to hold office in an opinion from which the following is 
an extract: — 

. . . ''The right of the people, if they please to choose 
a colored man for an office, is a necessary incident to the 
right to vote. The right to vote is worth but little to the 
colored man if he is restricted in the exercise of that 
right, so that he can only vote for men of a white 
color. Suppose the white men in his county are all 
opposed to such measures as he deems necessary for 
the public good, the limitation of his vote to persons 
only of a white skin, is not only an infringement of 
his right to vote, solemnly guaranteed in the Consti- 
tution, but dangerous to his liberties. What is his right to 
vote worth, if he can only cast it for those ready to legis- 
late against him? It is a mistaken view of human na- 
ture to suppose that, because ignorant men are not in- 
eligible to office, that they will be elected to office. In- 
telligence and influence necessarily control ignorance 
and dependence. There is no need for any law to aid in 
this control. All experience shows that the strong 
will control the weak, no matter what is the law. True 



22 Confederate Records 

wisdom consists in adding to the power of the weak, and 
restraining the strong. They, the strong, the independ- 
ent, the rich, are in no danger. Under all circumstances 
the danger is to the poor, the ignorant, the weak, and if 
under any system of laws, they get anything like a fair 
chance, they will have better luck than the poor and 
ignorant ever yet have experienced. It is better, even 
for the strong, that they shall be restrained in the exer- 
cise of power over the weak, since human selfishness is 
very grasping, and even a worm will at last resist. 

*'We have in this State a large class of colored peo- 
ple ; true, they are almost universally poor and ignorant, 
but they form a portion of the body politic, they are sub- 
ject to the laws and can only be controlled by the laws. 
In the end, if those laws are unfair, unjust, unequal, they 
will breed discontent and disorder, and it is better for 
the peace and good order of society that all shall have 
equal rights. Even then the strong, the rich and intelli- 
gent, will have incalculable advantages over the poor and 
the ignorant, and need have no fears." 

Chief Justice Joseph E. Brown concurred, basing his 
opinion on the Code of Georgia, as follows : — 

"The view which T take of the rights of the parties 
litigant in this case, under the code of Georgia, renders it 
unnecessary for me to enter into an investigation of the 
question; whether the Fourteenth Amendment of the 
Constitution of the United States, or the second section 
of the first article of the Constitution of Georgia, which, 
in substance, is identical with the Fourteenth Amend- 
ment, confers upon colored citizens the right to hold 
office. If the respondent in this case acquires the right 
by grant found in either of the said Constitutions, or in 



Introductoby Chapteb 23 

the Code of this State, it is sufficient for all the purposes 
of the case at bar, and entitles him to a reversal of the 
judgment of the Court below, which was adverse to his 

right. 

''The third paragraph of the ninth article of the 
Constitution of this State adopts, in subordination to tlie 
Constitution of the United States, and the laws and 
treaties made in pursuance thereof, and in subordina- 
tion to the said Constitution of this State, the 'body of 
laws known as the Code of Georgia, and the Acts amenda 
tory thereof, which said Code and Acts are embodied in 
the printed book known as Irwin's Code,' 'except so much 
of the said several Statutes, Code, and Laws, as may be 
inconsistent with the Supreme Law herein recogTized. ' 

"The Code, section 1646, classifies natural persons 
into four classes: 1st. citizens, 2d. residents, 3d. aliens, 
4th, persons of color. Section 46 of the Code declares 
that, all white persons born in this State, or in any other 
State of the Union, who are or may become residents of 
this State, with the intention of remaining herein; all 
white persons naturalized under the laws of the United 
States, and who are, or may become, residents of this 
State with the intention of remaining herein; all persons 
who have obtained a right to cit'zenship under former 
laws, and all children wherever borr, whose fatlier was a 
citizen of this State at the time or tli<: birth of such 
children; or in case of posthumous children at the time 
of his death, are held and deemed citizens of this State. 
By the Code the distinction is therefore clearly drawn 
between citizens who are white person^ and persons of 
color. In other words, none are. citizens under the 
'printed book known as Irwin's Code' but white persons. 



24 Confederate Records 

Having specified the claso ot persons who are citizens, 
the Code proceeds, in section 1648, to define some of 
the rights of citizens, as follows : 

'Among the rights of citizens are the enjoyment of 
personal security, of personal liberty, private property 
and the disposition thereof, the elective franchise, the 
right to hold office, to appeal to the Courts, to testify as 
a witness, to perform any civil function, and to keep and 
bear arms.' 

"Section 1649 declares that, 'all citizens are entitled 
to exercise all their rights as such, unless specially pro- 
hibited by law.' 

"Section 1650 prohibits females from exercising thp 
elective franchise, or holding civil office. 

"Section 1651 prohibits minors from the exercise of 
civil functions, till they are of legal age. 

"Section 1652 and 1653 prohibits certain criminals, 
and persons non compos mentis, from exercising certain 
rights of citizens. 

"Article 3, chapter 1, title 1, part 2, of the Code de- 
fines the rights of the fourth class of natural persons, 
designated as persons of color: giving them the right to 
make contracts, sue and be sued, give evidence, inherit, 
purchase and sell property, and to have material rights, 
security of personal estate, etc., embracing the usual civil 
rights of citizens, but does not confer citizenship. Thus 
the Code stood prior to its adoption by the new Consti- 
tution. 

"As already shown, it was adopted, in subordination 
to the Constitution, and must yield to the fundamental 



Introductory Chapter 25 

law, whenever in conflict with it. In so far as the Code 
had conferred rights on the colored race there is no con- 
flict, and no repeal. The Constitution took away no 
rights then possessed by them under the Code, but it en- 
larged their rights as defined in the Code, by conferring 
upon them the right of citizenship. It transferred them 
from the fourth class of natural persons, under the above 
classification, who were denied citizenship by the Code, 
to the first class, as citizens. 

The 46th section of the Code limited citizenship to 
white persons. The Constitution struck out the word 
white, and made all persons born or naturalized in the 
United States, and resident in this State, citizens, with- 
out regard to race or color. It so amended section 46 of 
the Code, as greatly to enlarge the class of citizens. But 
it repealed no part of section 1648, which defines the 
rights of citizens. 

*'It did not undertake to define the rights of a citizen. 
It left that to the Legislature, subject to such guarantees 
as are contained in the Constitution itself, which the 
Legislature cannot take away. It declares expressly 
that no law shall be made or enforced which shall 
* abridge the privileges or immunities of citizens of the 
United States, or of this State.' It is not necessary to 
the decision of this case to inquire, what are the 'privi- 
leges and immunities' of a citizen which are guaranteed 
by the Fourteenth Amendment to the Constitution of the 
United States, and by the Constitution of this State. 
Whatever they may be, they are protected against all 
abridgment by legislation. This is the full extent of the 
constitutional guarantee. All rights of the citizen, not 



26 Confederate Records 

embraced within these terms, if they do not embrace all, 
are subject to the control of the Legislature. 

"Wliether the * privileges and immunities' of the 
citizens embrace political rights, including the right to 
hold office, I need not now inquire. If they do, that right 
is guaranteed alike by the Constitution of the United 
States, and the Constitution of Georgia, and is beyond 
the control of Legislation. If not, that right is subject to 
the control of the Legislature as the popular voice may 
dictate; and in that case the Legislature would have 
power to grant or restrict it at pleasure, in case of white 
persons as well as of persons of color. The Constitution 
of Georgia has gone as far as the Fourteenth Amend- 
ment has gone, and no further. An authoritative con- 
struction of the Fourteenth Amendment by the Supreme 
Court of the United States upon this point would be 
equally binding as a construction of the Constitution of 
the State of Georgia, which is in the same words. 

''Georgia has complied fully with the terms dictated 
by Congress in the formation of her Constitution. She 
has stopped nothing short, and gone nothing beyond. The 
highest judical tribunal of the Union will no doubt finally 
settle the meaning of the terms 'privileges and immuni- 
ties' of the citizens, which Legislation cannot abridge; 
and the people of Georgia, as well as those of all the 
other States, must conform to, and in good faith abide 
by, and carry out, the decision. All the rights, of all the 
citizens, of every State, which are included in the phrase 
'privileges and immunities' are protected against legis- 
lative abridgement by the fundamental law of the Union. 
Those not so embraced, unless included within some 
other constitutional guaranty are subject to legislative 



Introductory Chapter 27 

action. The same rights which the Fourteenth Amend- 
ment to the Constitution of the United States confers 
upon, and guarantees to, a colored citizen of Ohio, are 
conferred upon and guaranteed to every colored citizen 
of Georgia, by the same amendment, and by the Consti- 
tution of this State, made in conformity to the Recon- 
struction Acts of Congress. 

"Whatever may or may not be the privileges and im- 
munities guaranteed to the colored race, by the Consti- 
tution of the United States and of this State, it cannot be 
questioned that both Constitutions make them citizens. 
And I think it very clear that the Code of Georgia, upon 
which alone I base this opinion, which is binding upon 
all her inhabitants while of force, confers upon all her 
citizens the right to hold office, unless they are prohi- 
bited by some provision found in the Code itself. I find 
no such prohibition in the Code affecting the rights of 
this respondent. I am, therefore, of opinion that the 
judgment of the Court below is erroneous, and I concur 
in the judgment of reversal." 

Justice Hiram Warner, the oldest and one of the 
ablest jurists that ever occupied the bench of the court, 
dissented as follows: — 

. . . "All citizens of the State, whether white oi; 
colored, male or female, minors or adults, idiots or luna- 
tics, are entitled to have all the privileges and immunities 
of citizens, but it does not follow that all these different 
classes of citizens are entitled to hold office under the 
public authority of the State, because the privileges and 
immunities of citizens are secured to them. The State 
in this country, as the Crown in England, is the fountain 



28 Confederate Records 

of honor, and of office, and she who desires to employ any 
class of her citizens in her service, is the best judge of 
their fitness and qualifications therefor. An officer of the 
State, as we have shown, 'hath to do with another's af- 
fairs against his will, and without his leave.' This 
authority of one citizen to interfere with the affairs of 
another citizen against his will, and without his leave, 
must be conferred by some public law of the State, from 
that class of her citizens, which in her judgment, will 
best promote the general welfare of the State. The right 
to have and enjoy the privileges and immunties of a 
citizen of the State does not confer upon him the legal 
right to serve the State in any official capacity, and thus 
to interfere with the affairs of other citizens of the State, 
without their leave, and against their will, until that 
right is expressly granted to him by law. 

. . . The defendant cannot legally claim any right to 
hold office, either under the Fourteenth Amendment of 
the Constitution of the United States, or the Constitution 
of this State, which makes him a citizen and guarantee 
unto him, the privileges and immunities of a citizen, for 
he may well have and enjoy all the privileges and im- 
munities of a citizen in the State, without the legal right 
to hold any office, or to exercise any public or official 
duty under the authority of the State. The privileges 
and immunities of a citizen of the State, as secured by 
the Constitution, do not confer the legal right to hold 
office under the public authority of the State, and receive 
the emoluments thereof. 

. . . ''It will be remembered, that at the time of the 
adoption of the Code in 1863, the defendant was not a 
citizen of this State, and was not recognized by the Code 



Introductoby Chapteb 29 

as a citizen thereof. By the 1646th section, the status of 
the defendant is defined to be that of a person of color, 
and not that of a citizen. The Revised Code adopted by 
the Constitution of 1868, includes the Act of 18,66, which 
declares that, 'all negroes, mulattoes, mestizoes, and their 
descendants, having one-eighth of negro or African blood 
in their veins, shall be known in this State as 'persons of 
color, and specially defines their legal rights; but the 
right to 7?oW o^zce is not one of them; Revised Code, 
section 1661. 

''It is true, that since the Code was adopted as the 
public law of the State, the defendant has been made a 
citizen; but all the legal rights conferred upon citizens by 
the Code were conferred upon that class of persons only, 
who were declared and recognized by the Code as 
citizens of the State, at the time of its adoption. When 
the Code declares, that it shall be the right of a citizen 
to hold office, such right is confined to that class of per- 
sons who were recognized and declared therein to be 
citizens of the State at that time, and not to any other 
class of persons who might thereafter become citizens. 
So, when the Code declares, that *aU citizens are entitled 
to exercise all their rights as such, unless prohibited by 
law,' it is applicable to that class of persons only who 
were declared to be citizens of the State at that time, and 
not to any other class of persons who might thereafter be. 
made citizens of the State, such as Chinese, Africans, or 
persons of color. The truth is, that the public will of the 
State has never been expressed by any legislative en- 
actment in favor of the right of her colored citizens to 
hold office in this State, since they became citizens 
thereof. Although, these several classes of persona 



30 Confederate Records 

might be made citizens of the State, with the privileges 
and immunities of citizens, still they could not legally hold 
office under the authority of the State, until that right 
shall be conferred upon them by some public law of the 
State, subsequent to the time at which they were made 
citizens, so as to embrace them within its provisions. The 
public will of the State, as to the legal right of that class 
of her citizens to hold office, has never been affirmatively 
expressed; but, on the contrary, when the proposition 
was distinctly made in the Convention which framed the 
present Constitution, to confer the right upon colored citi- 
zens to hold office in this State, it was voted down by a 
large majority. So far as there has been any expression 
of the public will of the State, as to the legal right of that 
class of citizens known as colored citizens, since they be- 
came such, to hold office in this State, it is against that 
right now claimed by the defendant. The insurmount- 
able obstacle in the way of the defendant's legal right to 
hold office in this State, under the provisions of the Code, 
is the fact, that he was not a citizen of the State at the 
time of its adoption. The class of persons to which he 
belongs, were not recognized by it as citizens, and there- 
fore he is not included in any of its provisions which 
confer the right to hold office upon the class of citizens 
specified in the Code. 

"Persons of color were not in the contemplation or 
purview of the law-makers when they declared and de- 
fined the rights of citizens in the Code with respect to 
holding office, and to keep and hear arms, as therein ex- 
pressed. The Code makes no provision whatever for 
colored citizens to hold office in this State; all its provis- 
ions apply exclusively to ichite citizens, and to no other 



Introductoby Chaptee 31 

class of citizens. The Convention which framed the State 
Constitution, and declared persons of color to be citizens, 
could have conferred the right upon them to hold office, 
but declined to do so by a very decided vote of that body, 
and went before the people, claiming its ratification upon 
the ground that colored citizens were not entitled to hold 
office under it, and there can be no doubt that the people 
of the State voted for its ratification at the ballot-box 
with that understanding. But now it is contended that 
the defendant, though a person of color, whose status was 
fixed by the Code, had been made a citizen of the State 
and of the United States, and that no enabling act has 
ever been passed, to allow a naturalized citizen to hold 
office in this State where he possessed the other requisite 
qualifications prescribed by law ; that the defendant hav- 
ing been made a citizen of the State, is entitled to hold 
office in the same manner as a naturalized citizen could 
do. The reply is, that naturalized citizens were ivhite per- 
sons, and as such had a common law right to hold office in 
this State, a right founded upon immemorial usage and 
custom, which has existed so long that the memory of man 
runneth not to the contrary. This principle of the com- 
mon law is recognized and adopted by the Code as being 
of force in this State. Until the adoption of the Code in 
1863, there was no statute law declaring that it should be 
one of the rights of a white citizen to hold office in this 
State. The Code, when it declares that one of the rights 
of that class of citizens specified therein, shall be the 
right to hold office, did nothing more than affirm a com- 
mon law right which the native-born and naturalized 
white citizen had always enjoyed in this State by im- 
memorial usage and custom. The legal right of the white 
citizen to hold office in this State was just as perfect and 



32 C'ONFEDERATE RECORDS 

complete under the rule of the common law before 
stated, anterior to the adoption of the Code in 1863, as 
it is now si7ice the adoption of the Code. The Court 
simply affirmed the common law, as the same had always 
existed in this State, in relation to the right of a white 
citizen to hold office. No such common law right, how- 
ever, can be claimed in this State, in behalf of person^ of 
color, to hold office. They had but recently been made 
citizens of the State, and have not heretofore enjoyed 
the right, either to vote, or to hold office. They can claim 
nothing by usage and custom, under the rule of the com- 
mon law, either as it regards their right to vote, or to 
hold office. Before they can claim the legal right to vote, 
or to hold office in this State, they must show the posi- 
tive enactment conferring that right, either in the Con- 
stitution of the State, or in some statute of the State, 
passed since they became citizens thereof. . . . The native- 
born or naturalized white citizen can claim his common 
law right to hold office in this State. The colored citizen 
cannot claim any such common law right, for the reason 
that he has never exercised and enjoyed it heretofore, 
and that constitutes the difference between the legal right 
of a naturalized white citizen to hold office in this State, 
and a person of color, who has recently been made a 
citizen, since the adoption of the Code, and who is not 
embraced within its provisions. The one can claim a 
common law right to hold office in the State, by im- 
memorial usage and custom, the other cannot, and until 
the State shall declare, by some legislative enactment, 
that it is her will and desire, that her colored citizens 
shall hold office under her authority, they cannot claim 
the legal right to do so ; for we must not forget that the 
State is the fountain and parent of office, and may 



Introductory Chapter 33 

confer or refuse to confer the right to hold office, upon 
any class of her citizens she may think proper and ex- 
pedient. When a new class of persons are introduced 
into the body politic of the State, and made citizens^, 
thereof, who cannot claim a common law right to hola 
office therein, by immemorial usage and custom, it is en- 
cumbent on them to show, affirmatively, that such right 
has been conferred upon them by some public law of the 
State, since they were made citizens thereof, to entitle 
them to have and enjoy such right. In other words, they 
must show the public law of the State, enacted since they 
became citizens thereof, which confers the legal right 
claim.ed, before they can demand the judgment of the 
Court in favor of such legal right. 

''All male white citizens of the State, whether native- 
born or naturalized citizens (having the necessary legal 
qualifications), have a common law right, by immemorial 
usage and custom, to hold office therein, under her au- 
thority; and in order to deprive them of that common 
law right, a prohibitory statute is necessary. A natural- 
ized citizen could claim this common law right to hold the 
office of President of the United States; hence the pro- 
hibition in the Constitution thereof. But as colored 
citizens of the State, who have recently been made such, 
cannot claim any common law right to hold office therein 
under her authority, no prohibitory statute is necessary 
to deprive them of a right which they never had, either 
under the common or statute laws of the State. When, 
therefore, it is said, that colored citizens have the legal 
right to hold office in the State, unless specially prohi- 
bited by law, it must be shown affirmatively, that they 
had previously enjoyed that right. If they cannot show 



34 Confederate Records 

their riglit to liold office in the State, either under the 
prox-isions of tlie Constitution, the statutes thereof, or by 
the common law, tlie fact tliat they are not specially pro- 
hibited from exercising a right which they never had, 
amounts to nothing, so far as investing them with the 
legal right to hold oiTice is concerned. . . . 

''By the laws of this State, as declared by the unani- 
mous judgment of this Court, in the case of Cooper & 
Worsham vs. the Mayor and Aldermen of the City of 
Savannah, free persons of color were not entitled to vote, 
or to hold any civil office in this State; and thus the law 
stood at the time of the adoption of the Code in 1863 by 
the Legislature. The Constitution of 1868 made them 
citizens, and conferred upon them the right to vote; but 
the Convention that framed that Constitution expressly 
refused to confer upon them the right to hold office, as 
the Journal of that Convention most clearly shows. The 
Code does not confer upon the colored citizens of this 
State the right to hold office, for the reason that it was 
adopted by the Legislature five years before they became 
citizens, and they were not contemplated or embraced 
within any of the provisions thereof, which declared and 
defined the right of that cla^s of citizens specified therein. 
They cannot claim a common law right, by immemorial 
usage and custom, to hold office in this State ; and until 
such right shall be conferred upon them, by some public 
law of the State, they cannot claim any legal right to its 
enjojTuent, under the present existing laws thereof. 

"After the most careful examination of this question, 
I am clearly of the opinion, that there is no existing law 
of this State which confers the right upon the colored 
citizens thereof to hold office." 



Inteoductoey Chaptee 35 

The Legislature had, however, declared the negro 
members ineligible to seats in that body before the Su- 
preme Court was heard from. On the third day of Sep- 
tember the House of Representatives, by a large major- 
ity, declared its negro members ineligible, and on the 
twelfth day of September the Senate expelled the two 
remaining negro Senators, one of them, Bradley, having 
been previously expelled because he had been convicted 
of felony some years before in a New York court. 

The vote unseating the negro members was not a 
party vote. All democrats voted for the measure and in 
addition many republicans. The republican membeiis 
were divided into two factions, the radical republicans 
who believed, or professed to believe, that there was no 
difference betwec;n a white man and a negro except color, 
that ''Grod had made all men free and equal" in all re- 
spects, and the moderates who had never subscribed to 
this doctrine, as they had not to some other republican 
dogmas, but who, as a matter of policy, not of principle, 
had acted with and were classed as republicans. At heart 
they had never been converts to the doctrines of the radi- 
cals. The former class voted against the expulsion of the 
negro members, the latter voted with the democrats to 
oust them. Grovemor Brown was the most prominent 
and influential among the moderates, while Governor 
Bullock was the leader of the radicals. 

( ongress was not in session when this action was 
taken, and, consequently, nothing could be done to nullify 
it, for Congress had declared that it alone, and not the 
President, had the right to reconstruct the rebel States. 
It served, however, to arouse the Northern people and 
draw all eyes to Georgia. When Congress met on the 



36 Confederate Records 

first Monday in December, 1868, the fires of partisan fury 
blazed np more ominously than ever before. Scores of 
new measures were brou.urlit forward to bring Georgia 
under discipline. Mr. Butler of Massachusetts, known 
throughout the South as "Beast Butler" because of the 
infamous order he issued reflecting on the ladies of New 
Orleans when lie commanded the militarj^ forces star- 
tioned there, had a remedy for the existing evils in the 
rebellious State; Sumner, had another, and even con- 
servative old Senator Edmonds introduced a bill ''to re- 
peal the act of June 25th so far as it relates to the ad- 
mission of Georgia into the Union, and to provide a pro- 
visional government for that State." 

The Committee on Reconstruction was instructed to 
inquire into the condition of affairs in Georgia and re- 
port to the House what course should be pursued in re- 
gard to the Georgia Representatives who had been ad- 
mitted to their seats before the adjournment of the last 
session. These men had also been elected to represent 
the State in the present Congress. Many Georgia radi- 
cals, both white and black, appeared before the commit- 
tee and testified, demanding further Federal action in 
the State. Governor Bullock was the leader of the host 
of malcontents who invaded the national capital, de- 
manding that the people of Georgia be still further 
punished and humiliated. 

A presidential election had just been held, and the 
vote cast at that election had to be counted and announced 
on the tenth of February. If Georgia was in the Union 
she was a State and her vote should be counted in the 
joint assembly; if she was not a State in the Union she 



Introductory Chapter 37 

was a conquered territory under a Provisional Gover- 
nor. 

The national House of Eepresentatives had admitted 
her Representatives and thereby acknowledged that 
Georgia was a State in the Union; the Senate had re- 
fused to admit her Senators because Georgia was not a 
State in the Union, but only a military district. In view 
of this awkward situation into which the two Houses had 
gotten themselves, they dodged the question by agreeing 
to announce, when the electoral vote was counted, that 
counting the vote of Georgia, Grant and Colfax had re- 
ceived — votes and Seymour and Blair — votes, but ex- 
cluding the vote of Georgia, Grant and Colfax had re- 
ceived — votes and Seymour and Blair — votes. 

On the fifth of March the forty-first Congress met. 
The Representatives from Georgia who had been ad- 
mitted to the fortieth Congress had also been elected 
to represent the State in the forty-first. They presented 
their credentials and offered to be sworn in, but they 
were not. Their credentials were referred to the com- 
mittee on elections. Thus again the House dodged the 
main question and Georgia was left "out in the cold." 
She was sometimes a State in the Union and sometimes 
a mere military district under a Provisional Governor, 
as the exigencies of the occasion required. Bullock was 
sometimes "Rufus B Bullock, Governor," and some- 
times ''Rufus B. Bullock, Provisional Governor," as best 
served the end to be attained. 

It is a noteworthy fact that a number of bills were in- 
troduced about this time concerning Georgia, all look- 
ing to the enforcement of the fourteenth amendment 
which it was alleged had been grossly violated in the or- 



38 Confederate Records 

ganizatiou of the Legislature on the fourth of the 
preceding July. Members who were disqualified under 
that enactment were allowed to qualify and take seats, 
and later the colored members, who were not disqualified, 
had been ejected, and thus the "equal protection of the 
law" had been denied them. If Georgia was a State she 
had violated this amendment and ( 'ongress had the 
power to enforce the amendment and correct the wrongs 
done by the State Legislature. If Georgia was not a 
State then her government was only "provisional," and 
she had not violated the fourteenth amendment, but Con- 
gress could, under the reconstruction act, correct her 
mistakes and right the wrongs iierpetrated by the Legis- 
lature. Some of the republican leaders wanted to treat 
her as a State and enforce the amendment; others, led by 
Bullock, insisted that she was not a State, the members 
of her Legislature not having taken the test oath, and that 
the provision of the omnibus bill admitting her was a nul- 
lity; that her government was only provisional and that 
she was as yet, in all respects, subject to the paramount 
authority of the United Sta4:es and the militarA^ command- 
er of the district. There was thus no unanimity of opinion 
as to lier real status, nor as to the metliod to be employed 
to further discipline the refractory State. Congress ad- 
jouraed without coming to any agreement. At the open- 
ing of the next session of Congress in December 1869, 
party leaders got together and all abandoned the theory 
that Georgia was a State, and united on a bill "to pro- 
mote the reconstruction of the State of Georgia," which 
treated her as conquered territory and her government 
as merely provisional. There was a cogent reason for 
this unexpected change of front by some of the leaders 
and hearty co-operation of all in disposing of the long 



Inteoductoky Chapter 39 

debated question as to what Georgia's status was and 
what she should be required to do. In February, 1869, 
Congress had submitted for ratification by the Legisla- 
tures of the several States, the fifteenth amendment in 
the following words, to-wit: — 

*'The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or 
by any State, on account of race, color or previous condi- 
tion of servitude." 

Some States had ratified it, but quite a number had 
rejected it, and it had now become apparent that it would 
fail of adoption by just one vote. Georgia could be 
coerced into furnishing that one vote by declaring her 
not now a State in the Union, but still under a provisional 
government. The bill proposed so treated her, and was 
identical with the bill of the last session with the addi- 
tional requirement that ' ' the Legislature shall ratify the 
fifteenth amendment before Senators and Representa- 
tives from Georgia are admitted to seats in Congress." 
The aid of the President, Grant, and of General Terry, 
who commanded the department, was invoked. Grant 
sent a special message to Congress urging congressional 
intervention, and Terry reported great disorder in Geor- 
gia and that further military rule was imperatively 
necessary. Republican leaders in Congress spoke vehem- 
ently of ' ' rebel rule in Georgia, ' ' and of the massacre of 
colored men. *'Beast" Butler, in an impassioned strain, 
said if the bill was not at once passed ''the rest of the 
republican majority of that State may be murdered, even 
during Christmas week when the Son of God came on 
earth to bring peace and good will to men." The horrors 
of the "rebel rule" and the ''Ku Klux Clan" were 



40 ( OnKKDEHATE IxECOilDS 

painted in vivid colors, the Ku Klux Clan being always 
treated as a political organization, when, in fact, it was 
never a political organization at all, but an organization 
of a few of the best and most law abiding citizens in al- 
most every community throughout the South, solely for 
the purjjose of preventing lawlessness, plunder and the 
destruction of Southern civilization. It was composed al- 
most entirely of Confederate soldiers just out of the 
army, who had had, during the last four years, enough of 
carnage and bloodshed and who were anxious now for 
peace and order. This organization had been made neces- 
sary by another organization, the Union League, com- 
posed almost entirely of negroes, organized by the carpet- 
baggers and scalawags in all the Southern States. It was 
purely political, and its leaders, the car]-)et-baggers, as- 
sisted by 7iiany alien agents of the freedmen's bureau, had 
banded the negroes together in secret oath bound lodges 
all over the country. They had them to meet at the dead 
hours of the night, and taught them the doctrines of politi- 
cal and social equality, and lost no means of instilling into 
their simple minds the idea that the white men of the 
State were their enemies and were only waiting for an 
opportunity to put them back into slavery. According to 
the teachings of these men, the sole object of the demo- 
crats was to re-enslave the negroes. They assured them 
that they were "the wards of the nation" and that if 
they were loyal to the league the government would pro- 
tect them and see to it tliat there was a satisfactory 
division of the projierty of the South, the product, as 
they were told, of their own labor. Under such teach- 
ings many negroes became dissatisfied and turbulent. 
Fertile fields lay uncultivated for want of laborers'. 
Large numbers of negroes congregated in the towns and 



Introductory Chapter 41 

cities in idleness and lived by pilfering and plunder. 
Eoving parties wandered through the country or gather- 
ed about the camps of Federal soldiers, who were sta- 
tioned at almost all the county sites and other towns, rob- 
bing hen roosts, potato patches and com fields, impressed 
with the idea that "freedom" meant freedom from work. 

The Ku Klux Clan was organized to counteract these 
marauding negroes. It sometimes administered corporal 
punishment when the offender was insolent or incorri- 
gible, but it usually accomplished its object by appealing 
to the superstitious fears of the negroes, and to this end 
detachments of the clan moved silently around the 
neighborhood, almost nightly, masked, and clad in long, 
loose robes, mounted on horses whose hoofs were muffled 
so that they moved silently over the roads and around 
the plantations. 

This last bill for the reconstruction of Georgia, some- 
times called "the reorganization bill," became a law on 
the 22d day of December, 1869. Under its provisions 
Bullock, who had been elected and inaugurated as Con- 
stitutional Governor, and who had signed the commission 
of Senator Joshua Hill and many other public papers 
"Eufus B. Bullock, Governor," now, in accordance with 
the construction put on the bill by himself and Terry, 
ceased to be a Constitutional Governor and became onh 
Provisional Governor, subject to the orders of Genera 
Terry, the commander of the military department, and 
now signed all official papers "Kufus B. Bullock, Pro- 
visional Governor." The act required him to at once 
summon all persons, white and black, who were declared 
by Meade elected in April, 1868, members of the Legisla- 
ture. Each of these persons was required to take an oath 



42 Confederate Records 

that he "had never been a member of Congress or of a 
State Legislature, or held any civil office created by law 
for the administration of any general law of the State, 
or for the administration of justic-e in any State or nnder 
the laws of the United States, nor served in the military 
or naval forces of the United States as an officer and 
thereafter engaged in or supported hostilities against the 
United States." All who could take this oath were to be 
admitted as members, and no others, imless they could 
swear that they had been relieved of such disability by 
act of Congress. All who could take neither of these 
oaths were excluded. The act declared that exclusion of 
any one on account of race or color would be ** illegal 
and revolutionary." It was made the duty of the Presi- 
dent, upon application of the Governor, to use military 
force to carry out the provisions of the act. In pursuance 
of the provisions of this act Governor Bullock issued a 
proclamation, dated December 22, 1868, ordering the men 
whom Meade had declared elected to the Legislature at 
the April election to convene in Atlanta on the 10th of 
January. 1869. All the members, white and colored, de- 
clared by Meade to have been elected, came in response 
to the Governor's caU. The Senate re-organized at once 
without difficulty. All of the officers elected in July 
were re-elected, because a majority of the Senate had 
been- from the beginning radical. In the Lower House, 
which had been nearly evenly divided between the con- 
servatives and the radicals before the passage of the re- 
construction act, there was more difficulty. Bullock, dis- 
regarding law and precedent, appointed a 'clerk pro 
tern-" to organize the House. This clerk pro tenL was 
one Harris. "Fatty" Harris he was called. He was a 
carpet-bagger in no way connected with the Legislature 



I^^TEODircTOEY Chjlpteb 43 

or the State g-oveminent. The con.-erratives stoutiy ob- 
jected to this innovation as unwarranted nsurpation, bnt 
Harris, backed up by Bnllock and Terry, held his groimd. 
A few members were sworn iiL, when the proceedings 
were arrested. A qnestion had been raised as to the con- 
struction to be put on that clanse of the act requiring 
each member to swear he had "never been a member of 
Congress or of a State Legislatnre, or held any civil office 
created by law for the administratioii of any general law 
of a State or for the administration of justice in any 
State, or under the laws of the United States, nor served 
in the military or naval forces of the United States as an 
otScer and thereafter engaged iq or supported hostilities 
against the United States.'' To settle the question Bnl 
lock called on his Attorney OeneraL, H. P. Farrow, for 
an official iaterpretation of the law. This officer, in a day 
or two, submitted a lengthy opinion to the effect that the 
intention of the law was to exclude almost every person 
who had ever held any office, not even excepting mayors 
and aldermen of small towns who had aided or sympa- 
thised with the South in the war, thus virtually exclu<iing 
every member, not a mem.ber of the dominant party, who 
had at any time had experience in the work of legisla- 
tion. Bullock and Terry, who had usurped all the pow- 
ers given to Meade and Pope by the reconstruction act, 
eagerly accepted this c-onstmction of the law as correct 
and acted upon it. The sole object of the reorganiza- 
tion act, under which they were acting, was, as appeared 
on its face, to force Georgia to do two things, to- wit : — 

First, to purge the Legislature and reorganize it. and 

Secondly, ratify the iifteenth amen«iment. 

This act really superceded the reeonstruetion act and 



44 Confederate Records 

repealed it, but Terry and Bullock held that it did not 
repeal it, and that Terry, under it, had all the powers 
conferred on the commander of the third military dis- 
trict by the reconstruction act. He therefore, at once, 
virtually took chars^e of the Legislature and ordered and 
forbade it to do or not to do as suited his whim. It was 
alleged that many members of the Legislature, none 
radical, but all conservatives, who were present to take 
one of the test oaths prescribed, were going to perjure 
themselves and take their seats. Terry, to prevent this, 
ordered Harris, the clerk protem., to adjourn the House 
day after day and swear in no more members until these 
questions of eligibility could be settled on the rule pre- 
scribed by Farrow, and to settle them recourse was had, 
not to a committee on privileges and elections made up 
of members of the House whose rights to seats was un- 
questioned, as was the case in Congress and in the Leg- 
islature of every State, but to a board of army office) s tv^ 
pass upon the eligibility of members. Twenty-one mem- 
bers who had not qualified were investigated by them; 
eleven were allowed to take their seats, five were ex- 
cluded, and the remainder were excluded until their 
''disabilities were removed by Congress." Five who had 
already qualified were unseated and "the next highest" 
seated in their stead. In the meantime Harris, under tht 
orders of Terry, adjourned the House, from time to time, 
until the 26th day of January, when he proceeded to re- 
organize it, it having been purged of all members objec- 
tionable to Bullock and T,erry and all of the colored mem- 
bers having been reseated. All of the radicals who had 
been elected to offices in the House at its first organiza- 
tion in July, including the Speaker, were re-elected, but 
all of the conservatives were beaten. Thus the two 



Introductoky Chapter 45 

Houses were, it would seem, ready to proceed with the 
usual business of legislative bodies. Bullock submitted 
to them for ratification the fifteenth amendment, which 
they had at their first session rejected. As its ratifica- 
tion was made a condition precedent to the admission of 
Georgia's Senators and Representatives in Congress, 
and as it was well known that the act under which the 
Legislature had been convened was passed by Congress 
for the sole purpose of forcing Georgia to ratify this 
amendment and thus save it from defeat, which was in- 
evitable if Georgia did not ratify it, the conservatives 
made no fight against it, and many of them voted for it 
hoping that its adoption would end the contest and re- 
store Georgia to the condition of a State, not a mere mili- 
tary district presided over by a Provisional Governor, 
the tool of a military satrap whose orders seated and un- 
seated members, superceded laws and nullified the judg- 
ments of the courts of law. But a radical faction in Con- 
gress would not have it so. They insisted that before 
they could be permitted to take any part in legislation, 
Georgia must be formally admitted as a State by act of 
Congress. Butler introduced a bill to readmit the State, 
but in his bill was a provision which virtually prolonged 
the term of this reorganized Legislature for two years. 
Many amendments to the bill were offered and discussed 
in both Houses, and, finally, the two Houses agreed on a 
bill and it became a law on the 15th of July, 1870. The 
gist of the bill is contained in this extract: — 

''It is hereby declared that the State of Georgia is 
entitled to representation in the Congress of the United 
States, but nothing in this act contained shall be con- 
strued to deprive the people of Georgia of the right to 



4G Confederate Records 

an election of members of the (ieneral Assembly of said 
State, as ])rovi(led for in tlie constitution thereof." 

Thus Butler succeeded in keeping the Georgia dele- 
gation out of Congress until they were admitted by 
special act, but failed in liis main object, which was to 
keep the Bullock Legislature in office until the regular 
election in 1872. 

This looked like the end of reconstruction in Georgia, 
but it was not. Governor Bullock, ever resourceful, 
determined to make one more effort to perpetuate mili- 
tary rule, because as Provisional Governor under a mili- 
tary satrap he could reward his friends and punish his 
enemies with a freer hand than he could as Constitu- 
tional Governor of a State. He, therefore, on the 18th 
of July, 1870, transmitted to the Legislature a special 
message in which he reminded the members that a mere 
declaration by Congress that Georgia is a State and is 
entitled to representation in Congress, did not take her 
from under military rule, but that it must continue, un- 
der the provisions of the reconstruction act, until her 
Senators and Representatives were actually sworn in 
and seated. He quoted section five of the reconstruction 
act relied on to ]ierpetuate military rule, as follows: — 

"Whenever any one of the rebel States have fulfillea 
all the requirements said State shall be declared entitled 
to representation in Congress, and Senators and Repre- 
sentatives shall be admitted therefrom, and then and 
thereafter the jDreceding sections of this act shall be in- 
operative in said State." 

Congress was not in ses'^ion and would not be until 
the first Monday in the following uecember, and Geor- 



Introductory Chapter 47 

gia's Senators and Representatives could not therefore 
be admitted to their seats until after that time. Thus mil- 
itary rule in Georgia must continue nearly five months 
longer. The Governor's ingenuity and wisdom were ap- 
plauded by the radical republicans in the Legislature, and 
to carry out his idea a resolution was offered on the 26th 
of July that * ' the authority of the United States was still 
paramount in Georgia, that no offense ought to be of- 
fered to Congress by an apparent denial of this fact, and 
that therefore no election should be held in the State 
until Congress had fully recognized its Statehood by 
receiving its Representatives." But, be it said to the 
credit of the moderate republicans in the House of Rep- 
resentatives, that enough of them united with the demo- 
crats to defeat this last effort to perpetuate bayonet rule, 
and, in violation of the constitution and laws of the State, 
extend for two years more the official term of this, the 
most odious Legislature that ever assembled in Georgia. 

Bullock, in the same message, advised the Legisla- 
ture that notwithstanding the government of the State 
was only provisional, they could now go on with legisla- 
tion, since General Terry had informed him, Bullock, 
that he would allow it. They accordingly proceeded with 
legislation. They legislated on almost every conceiv- 
able subject. An extravagant system of State aid to rail- 
roads was inaugurated, money was borrowed and bonds 
of the State issued, so that at the close of their terms 
they had fixed on the State liabilities, direct and contin- 
gent, amounting to forty millions of dollars. T^ree- 
fourths of this was contingent liabilities incurred by the 
pledged endorsement by the State of the bonds or rail- 
roads in course of construction or in contemplation. The 
bonds of some of these roads were actually endorsed, 



48 ( ONFKDKHA'IK K'kCOUDS 

but before most of tlie loads had hoj^im a new Legisla- 
ture was oloc'tod whicli i-('i)ealed all State aid laws where 
rights liad not already vested. Some of tlie bonds en- 
dorsed by Governor Bullock, in violation of law or with- 
out authority of law, were outlawed by the State, but 
eveiy dollar of bona lide liability, direct and contingent, 
was recognized and ]iaid. 

AVhen Congress assembled in J)eceml)er, 1870, the en- 
tire delegation elected to represent Georgia in the nat- 
ional House of Representatives was admitted. There 
were two pairs of Senators claiming the Georgia seats; 
Hill and Miller, elected in 1868, before the unseating of 
the negro members, and Farrow and Whitely, elected by 
the same body after the expelled colored members had 
been restored to their seats. The seats were rightly 
awarded to Hill and Miller. Hill was at once admitted 
to his seat and could take the test oath, having opposed 
the secession of the State and having lent no aid to the 
Confederacy. Miller could not take the test oath, but by 
special act of Congress his disabilities were removed, 
and in February, on the eve of the final adjournment of 
Congress, he was admitted. 

Thus, finally, was Georgia, after four years of devas- 
tation and war, and six years more of "reconstruction," 
more disastrious to the interests of the people than 
actual war had been, restored to her place in the Union, 
to which her people had always been warmly attached 
until they were driven out of it by the triumph at the 
polls in 1860 of a coalition of fanatics, and those who 
for many years had fattened at the expense of the great 
mass of the people of the republic. 

But her State government was still in the hands of 



Introductory Chapter - 49 

her enemies. Bullock, the embodiment of racial 
fanaticism, was Governor, and a Legislature, the most 
odious that ever assembled at her capital, still occupied 
her halls of legislation. This Augean stable had to be 
cleaned out, and the day of cleansing was near at hand. 
Under the law a general election for Senators and Repre- 
sentatives was to be held on the first day of November, 
1870. The election was accordingly held and resulted in 
the overwhelming defeat of the radicals. As a large 
majority in both Houses would be democrats, Governor 
Bullock became greatly alarmed. Impeachment was 
threatened, and he feared the result of an impeachment 
trial by a Senate, a large majority of whose constituents 
had been insulted and humiliated by him and his radical 
allies during the last four years. He, believing in the 
truth of the maxim that ^* discretion is the better part 
of valor," quietly resigned his office on the 23d day of 
October and fled from the State. Conley, the radical 
President of the last Senate, assumed the duties of the 
Executive Office. On the first day of November, 1871, 
the new Legislature met and found Conley in the Exe- 
cutive Office. Up to this time it was not generally 
known that Bullock had resigned. There was a i^rovis- 
ion in the constitution that ^'the General Assembly shall 
have power to provide by law for tilling unexpired terms 
by a special election. " On the 22d day of November a bill 
was passed ordering a special election for a Governor to 
fill out Bullock's unexpired term. Conley vetoed the bill 
on the ground that the provision of the constitution 
above quoted meant that the General Assembly should 
have power to enact a general law providing for the fill- 
ing out of all unexpired terms, but not power to order a 
special election to fill out a single unexpired term. Both 



50 CONFKDKUATE KkCUKDS 

Houses of the Le^slature passed the bill over his veto, 
and the special elect i(ni for a Governor was lield as pro- 
vided in the bill, and .lames M. Smith, a man who illus- 
trated in his official career the "omnipotence of honesty," 
was, on the 11th of Januaiy, declared by the General 
Assembly, after the consolidation of the vote, elected, 
and on the 12th was inaugurated Governor. 

This was the end of radical rule in Georgia. Her own 
peojile, who had made her the Empire State of the South, 
were now, for the first time since the close of the war, 
in complete control of their State Government. Investi- 
gation of the official conduct of Governor Bullock and of 
the financial condition of the State was instituted. For 
the result of these investigations the reader is referred 
to the reports of the committees which made them, 
which appear in another volume of this compilation. 

From the foregoing narrative of facts, all of which 
have been gathered from official records and documents 
now to be found either in the State Capitol in Atlanta 
or in the National Capitol in Washington, it will be 
seen that Georgia was really "reconstructed" three 
times between April 1865, and December, 1870. 

The first reconstruction was that of President 
Andrew Johnson, made as commander-in-chief of the 
armies of the United States under the power recognized 
by all nations of the victor to prescribe terms to the 
vanquished. Under this reconstruction the State was 
required to repudiate her war debt and ratify the 
thirteenth amendment to the constitution of the United 
States abolishing slavery. She promptly, for the sake 
of peace, did both. 

She was again reconstructed under the general re- 



Introductory Chapter 51 

construction act of March, 1867, and was required to 
ratify the fourteenth amendment conferring civil rights 
on the negro. She first rejected it, but afterwards it 
was ratified by the Bullock Legislature. 

She was finally reconstructed under the provisions of 
the reorganization act, which required her to reseat the 
negro members of the Legislature who had been declared 
ineligible and ejected from their seats, and ratify the 
fifteenth amendment conferring the elective franchise on 
negroes. 

All of these reconstructions were under the direction 
and control of a military commander, under whose or- 
ders the Provisional Governor and the Legislature were 
required to act. 

The first reconstruction, inaugurated by Lincoln and 
adopted by Johnson, was necessary, proper, and was the 
logical sequence of the War between the States. The 
other two were wicked and unnecessary, and were re- 
quired by the radicals for two purposes, to punish and 
humiliate the Southern people and to recruit the ranks 
of the republican party by enfranchising the recently 
emancipated slaves and thus enable the party to perj^e 
tuate itself in power indefinitely. Ostensibly the last two 
reconstructions were to protect the negro in his newly 
acquired freedom against the Southern white people 
who, it was alleged, were hostile to him and would re- 
enslave him unless he was armed with the ballot as a 
weapon of protection. There had never been any fric- 
tion between the races in Georgia. On the contrary, 
their relations had always been most amicable, and be- 
tween the master and his family and the slave and his 
wife and children there had existed a real affection and 



52 Confederate Records 

a mutual trust and loyalty rarely found between em- 
ployer and emi)loye. This was illustrated during the 
progress of the war when all of the white men in the 
State went into the army leaving their wives and chil- 
dren under the care and protection of their slaves, and 
there is no instance in which this trust was betrayed. 
The numerous murders and assaults on white women, 
which became so frequent after the carpet-baggers and 
scalawags, to promote their own political power and ag- 
grandizement, had taught them the pernicious doctrines 
of not only political but social equality, were unheard of, 
and the negro race as a whole was happier and healthier 
than it has ever been since the restraining care and pro- 
tection of the master has been withdrawn. 

There never was in the politics of Georgia a resort to 
a ''shot gun policy" to control the negro vote in elec- 
tions. Under the tutelage of the carpet-bag leaders the 
negro soon learned to sell his vote, and the average 
plantation negro, never realizing the responsibility of 
citizenship nor the sanctity of the ballot, regarded it 
from the beginning as an article of merchandise to be 
disposed of on election day to the highest bidder. This 
weakness on the part of the plantation negroes of Geor- 
gia was the salvation of the State. Seeing rival candi- 
dates of the opposition party controlling elections 
through the agency of the venal negro vote, conservative 
men, who earnestly desired the welfare of the State, 
believing the end justified the means, resorted to this 
method of controlling elections and saving the State 
from spoliation by dishonest and unscrupulous legisla- 
tors and other public officers. To enable an honest man 
to qualify as a member of the Legislature without per- 
juring himself the oath was so amended that instead of 



Introductory Chapter 53 

swearing that he "had not given, offered or promised, oi 
caused to be given or offered or promised, to any person, 
any money, treat or thing of value with intent to effect 
any vote or to prevent any person voting at the election 
at which he was elected, ' ' he was only required to swear 
''on all questions that may come before me I will so con- 
duct myself as will, in my judgment, be most conducive 
to the interest and prosperity of this State. ' ' 

Thus the evils of universal negro suffrage were 
nullified in Georgia until sanity returned to the people of 
the States which had waged war against the South, and 
the Southern States were permitted to throw safeguards 
around the ballot box and lawfully eliminate this venal 
vote. 

Such were the expedients resorted to during and sub- 
sequent to the era of radical reconstruction to maintain 
white supremacy in Georgia. 

There are more negroes in Georgia than in any other 
State in the union. There is no discrimination against 
them in the courts, but the law is impartially adminis- 
tered, and they are better satisfied in Georgia than per- 
haps in any other State. The negro has an equal chance 
in all fields of industry, and for forty years, free schools, 
supported almost entirely by the white race, have been 
open to his children. Many of them have made com-, 
mendable progress in education and other things that 
go to make up good citizenship, but the prediction of 
General Pope, the optimistic commander of the "third 
military district," in 1867, that if they should make the 
same progress during the succeeding five years that they 



54 ( 'ONFEDEKATE ReCORDS 

had niiuk' in tlu* live years preceding-, the preponderance 
of intelligence would sliift fronj the white to the colored 
race, is as far from realization now as it was forty three 
years ago wluii ihe prediction was made. 



Reconstruction Orders and Correspondence 55 



GENEEAL ORDERS, 1867. 

Headquarters of the Army, 

Adjutant General's Office, 

Washington, March 15, 1867. 

General Orders, 
No. 18. 

The President directs that the following change be 
made, at the request of Major General Thomas, in the 
assignment announced in General Orders, No. 10, of 
March 11, 1867, of commanders of Districts, under the 
Act of Congress entitled "An Act to provide for the 
more efficient government of the Rebel States," and of 
the Department of the Cumberland, created in General 
Orders No. 14, of March 12, 1867 : 

Brevet Major General John Pope to command the 
Tliird District, consisting of the States of Georgia, 
Florida, and Alabama; and Major General George H. 
Thomas to command the Department of the Cumber- 
land. 

By Command Generaal Grant. 

E. D. Townsend, 
Assistant Adjuta/nt General. 
Official: 

Assistant Adjutant General. 



56 Confederate Kecords 

[By telegraph.] 

Washington, March 27, 1867. 

Major General Thomas, 

Louis r ill c, Kentucky : 

District coinnianders of the States of Alabama and 
Georgia to disallow all elections, State or local, until 
General Poi)e arrives and assumes command. 

U. S. Grant, General. 

E. D. Townsend, 

Assistant Adjuta/nt General. 

Transmitted by General Grant, and received at Ad- 
jutant General's office, July 8, 1867. 



[By telegraph.] 

Washington, March 27, 1867. 

Commanding Officer, 

Augusta, Georgia : 

Prohibit all elections within your command until 
General Pope arrives and gives his orders in the matter. 
Answer. 

U. S. Grant, General. 
Official : 

E. D. Townsend, 

Assistant Adjutant General. 

Transmitted by General Grant, and received at Ad- 
jutant General's office, July 8, 1867. 



Reconstruction Orders and Correspondence 57 
[General Orders No. 1.] 

Headquarters Third Military District. 
(Georgia, Alabama and Florida.) 

Montgomery, Ala., April 1, 1867. 

I. In compliance with General Orders No. 18,* dated 
Headquarters of the Army, March 15, 1867, the under- 
signed assumes command of the third military district, 
which comprises the states of Alabama, Georgia, and 
Florida. 

The districts of Georgia and Alabama will remain as 
ait present constituted and with their present command- 
ers, except that the headquanters of the District of Geor- 
gia will be forthwith removed to Milledgeville. 

The district of Key West is hereby merged into the 
District of Florida, which will be commanded by Colonel 
John T. Sprague, 7th United States infantrj'. 

TJie headquarters of the district of Florida are re- 
moved to Tallahassee, to which place the district com- 
mander will transfer his headquarters without delay. 

II. The civil officers at present in office in Georgia, 
Florida, and Alabama will retain their offices until the 
expiration of their terms of service, unless otherwise 
directed in special cases, so long as justice is impartially 
and faithfully administered. It is hoped that no neces- 
sity may arise for the interposition of the military au- 
thorities in the civil administration, and such necessity 
can only arise from the failure of the civil tribunals to 



58 Confederate Records 

protect the people, without distinction, in their rights of 
person and property. 

III. It is to be clearly understood, however, that the 
civil officers thus retained in office shall confine them- 
selves strictly to the performance of their official duties; 
and whilst holding their offices they shall not use any in- 
fluence whatever to deter or dissuade the people from 
taking an active part in reconstructing their State Gov- 
ernments, under the act of Congress to provide for the 
more efficient government of the rebel States, and the 
act supplemental thereto. 

IV. No elections will be held in any of the States 
comprised in this military district, except such as are 
provided for in the act of Congress, and in the manner 
therein established ; but all vacancies in civil offices which 
now exist, or which may occur by expiration of the terms 
of office of the present incumbents, before the prescribed 
registration of voters is completed, will be filled by ap- 
pointment of the general commanding the district. 

John Pope, 

Major General Commanding. 



Reconstruction Orders and Correspondence 59 

Office U. S. Military Telegraph, 

War Department, 

Washington, D. C, April 1, 1867. 

From Montgomery, Alabama, April 1, 1867 — 3 :40 p. m. 

General U. S. Grant, 

General-in-Chief : 

Arrived and assumed command this morning. Orders 
sent by mail. 

John Pope, Brevet Major General. 
Official : 

E. D. TOWNSEND, 

Assistant Adjutant General. 

Transmitted by General Grant, and received at Ad- 
jutant General's office, July 8, 1867. 



Montgomery, Alabama, April 2, 1867. 

General : I have the honor to transmit, enclosed, my 
order* assuming command of the third military district. 

The paragraph suspending elections until the regis- 
tration of voters is completed, and they can be conducted 
in compliance with the act of Congress, you will readily 
see the necessity of. I thought it necessary, in retaining 
the present civil officers, to provide against the exercise 
of their official influence while holding such offices, to 
prevent the people from taking action on the reconstruc- 
tion of their State governments. This was the more 



•General Orders No. 1, page 57. 



60 Confederate Records 

necessary as most of the civil otlicers are imderstood to 
be active secessionists, and disposed to counsel the peo- 
ple to inaction or open opposition. 

The effect of the reconstruction bill upon the people 
of this section of country has been excellent, and it seems 
certain that in Alabama reconstruction will be accomp- 
lished as speedily as the act of Congress will permit. In 
Georgia, there will be more opposition to any action in 
that direction, though the advocates of reconstruction are 
bold and active, and feel assured that by the time regis- 
tration is completed the public mind will have been made 
up to support the necessary measures. 

As I have said, no difficulty is apprehended in Ala- 
bama, where the Governor and most of the State ofiBcers 
are actively committed to reconstruction, and for thai; 
and other reasons I deem it judicious to transfer my 
headquarters to Georgia. General Swayne, the com- 
manding officer in this State, is an intelligent and earnest 
officer, fully alive to his duties, and interested in the 
success of the restoration policy. He is in entire har- 
mony with Governor Patton, and matters will work 
smoothly and well. 

In Georgia, the Governor has not yet pronounced 
himself, and matters are more doubtful. Neither is there 
in that State an officer in command who is likely to be 
so efficient, or so much interested in the success of the 
reconstruction measures, and my immediate presence is 
urged by many of the most j^rominent men at the head 
of the movement for the restoration of the State govern- 
ment. With your assent, therefore, I will move my head- 
quarters to Atlanta on or before the 10th instant. 



Reconstruction Orders and Correspondence 61 

I have no staff officers, and need them extremely. I 
ought to have an efficient adjutant general. The offi- 
cial correspondence is already very great, and I cannot 
possibly attend to it. There are very few officers with 
the troops — not more, indeed, than are absolutely neces- 
sary with their companies. These are, besides, young 
men entirely unacquainted with such duties. I trust you 
will send me staff officers as soon as possible. 

Will you please telegraph me authority for the re- 
moval of headquarters to Atlanta? 

I am, general, respectfully, your obedient servant, 

John Pope, 

Brevet Major General Commanding. 

General U. S. Grant, 

General-in-Chief , Washington. 

Official : 

E. D. Townsend, 

Assistant Adjutant General. 

Transmitted by General Grant, and received at Ad- 
jutant General's office, July 8, 1867. 



62 TONFEDERATE RECORDS 

r Genera J Orders No. 4.] 

Headquarters Third Military District, 
(Georpfia, Alabama, and Florida,) 

Montgomery, Ala., April 4, 1867. 

]. All ))ost commanders within the limits of this 
military district are instructed to report, as soon as prac- 
ticable after their occurrence, any failures of the civil 
tribunals or officers to render equal justice to the people; 
and any acts of such tribunals or authorities in contra- 
vention of the civil rig'hts bill, or other acts of Congress 
applicable to the Southern States. Their attention is 
particularly called to acts of the local or State authori- 
ties or tribunals which discriminate against persons on 
account of race, color, or j^olitical opinion; and whilst not 
interfering with the functions of the civil officers, they 
are directed to give particular attention to the manner 
in which such functions are discharged, so far as relates 
to the matters above specified. The post commanders 
are admonished, however, to be cautious and careful in 
their statements, anl to >cnd with their reports such 
evidence of the facts as shall justify action on the part 
of tlip general commanding. 

II. All reports on these subjects will be addressed to 
the commander of the district in which the officer so re- 
porting is stationed, and the district commander will 
forward the reports to these headquarters, with his 
opinion and recommendation endorsed thereon. 

III. Tt is made equally the duty of the district com- 
mander to give his own personal attention to the cases 



Reconstruction Orders and Correspondence 63 

above referred to, or any which may come under his own 
observation, and to report thereon without delay. 

IV. The attention of all officers serving in this mili- 
tary district is called to paragraph 3 of * General Orders 
No. I, from these headquarters. Any violation of that 
paragraph will be forthwith reported. 

By command of Brevet Major General Pope, 

J. F. CONYNGHAM, 

First Lieutenant 24:th. U. S. Infantry, A. A, A. G. 



Headquarters Third Military District, 

Montgomery, Alabama, April 7, 1867. 

General: I have the honor to ask what is your un- 
derstanding of the status of officers of the rebel army 
paroled at the conclusion of the war? Do these paroles 
still hold good, or are they set aside by any proclama- 
tions of the President 1 

T ask because I desire to know what action I shall be 
authorized to take against the rebel officers thus paroled 
who may actively and openly counsel the people in this 
district to resist the execution of the late act of Congress 
providing for reconstruction in the southern States. 

Does not that provision of their parole which requires 
them to go to their homes and obey the laws require them 
also to refrain from inciting others to neglect or resist 
the laws of the United States? Is not an attempt on their 
part to keep up difficulty and prevent the settlement of 

*Page 57. 



34 CONFEDERATK RECORDS 

the soutlicni qiu'stioii in accordance with the act of Con- 
gress ill violation of ])ar{)lef 

In Alal)ania I think tiiere will be no trouble what- 
ever in completing the registration and carrying out the 
objects of the act of Congress. The Governor of the 
State and all or nearly all the State officers, as well as a 
very large majority of the prominent men in the State, 
are in favor of reconstruction under the act, and are 
actively canvassing the State with what may be safely 
considered certainty of success. 

In Georgia there will be far more difficulty. I am go- 
ing to the State, at the urgent request of many citizens, 
in a few days, and as a large part of my time will b« 
necessarily spent there I have telegraphed for authority 
•to move my headquarters to Atlanta, which, being the 
center of railroad communication, affords very^ great 
facilities for easy communication with all pnv\s of the 
district. 

I have just made an order for the registration, which 
I enclose herewith. To determine the compensation of 
the registers I would be glad to have from the Census 
Bureau a table to pay for their employes. The object of 
graduating the pay of registers by the number of rt 
corded names, is to make sure that the entire freedmen's 
vote will be brought out. It is for the interest of th^ 
registers that no name of a disqualified voter is omitted. 

I do not apprehend any difficulty in executing the law 
as far as it refers to the protection of persons in their 
rights of person and property, and no disturbance 
whatever is anticipated. There are, however, in the 
northern parts of Alabama and Georgia bands of moun- 



Reconstruction Orders and Correspondence 65 

ted robbers who depredate upon the people, and especi- 
ally upon the negroes. These bands are beyond the con- 
trol of the civil authorities, and infantry forces are use- 
less against them. For the same reason that General 
Thomas finds it necessary to keep four companies of 
cavalry in Tennessee, I find some companies of cavalry 
necessary in northern Georgia and Alabama, and I trust 
a few companies will be sent me as soon as practicable. 

In Florida everything is quiet. She will follow the 
lead of Georgia and Alabama. 

No staff officers have yet reported to me except Gen- 
eral Dunn. Even if I could take officers enough from 
their companies for staff duty, (which I cannot do with- 
out leaving the companies without officers,) they are 
wholly unacquainted with staff duties, and are unfit, be- 
sides, for any such position. I presume that an adjutant 
general and quartermaster have at least been sent me. 
For these duties I need the best and most discreet offi- 
cers. 

I am, general, respectfully, your obedient servant, 

John Pope, 

Brevet Major General Commanding. 

General U. S. Grant, 

General-in-Chief U. S. Army, Washington, 

Official copy: 

E. D. Townsend, 

Assistant Adjutant General. 

Transmitted by General Grant, and received at Ad- 
jutant General's office, July 8, 1867. 



66 Confederate Records 

[General Orders No. 5.] 

Headquarters Third Military District, 
(Georgia, Alabama, and Florida,) 

Montgomery, Ala., April 8, 1867. 

I. The following extract from the recent acts of Con- 
gress in relation to reconstruction in the Southern States 
is published for tho information of all concerned: 

(Public No. 6.) 

An Act supplementary to an act entitled "An Act 
to provide for the more efficient government of the rebel 
States," passed March 2, 1867, and to facilitate restora- 
tion. 

Be it enacted, &r., 'J'hat before the first day of Sep^ 
tember, 3867, the commanding general in each district 
(defined by an act entitled "An act to provide for the 
more efficient government of the rebel States," passed 
March 2, 1867) shall cause a registration to be made of 
the male citizens of the United States, twenty-one years 
of age and upwards, residents in each county or parish in 
the State or States included in this district, which regis- 
tration shall include only those persons who are qualified 
to vote for delegates by the act aforesaid, and who shall 
have takon and subscribed the following oath or affirma- 
tion : 

''I, , do solenmly swear or affirm, in presence 

of Almighty God, that I am a citizen of the State of 

; that I have resided in said State for 

months, next preceding this day, and now reside in the 
county of , or parish of , in said State, as 



Reconstruction Orders and Correspondence 67 

the case may be; that I am 21 years old; that I have not 
been disfranchised for participation in any rebellion or 
civil war against the United States, nor for felony com- 
mitted against the laws of any State or the United 
States; that I have never been a member of any State 
Legislature, nor held any executive or judical office in 
any State, and afterwards engaged in insurrection or re- 
bellion against the United States, or given aid or com- 
fort to the enemies thereof; that I have never taken an 
oath as a member of Congress of the United States, or 
as an officer of the United States, or as a member of any 
State Legislature, or as an executive or judical officer of 
any State, to support the Constitution of the United 
States, and afterwards engaged in insurrection or re- 
bellion against the United States, or given aid or comfort 
to the enemies thereof; that I will faithfully support the 
Constitution and obey the laws of the United States, and 
will to the best of my ability, encourage others so to do, 
so help me God;" which oath or affirmation may be ad- 
ministered by any registering officer. 



Sec. 4. That the commanding general of each dis- 
trict shall appoint as many boards of registration as may 
be necessary, consisting of three loyal officers or persons, 
to make and complete the registration, superintend the 
election, and make return to him of the votes, list of 
voters, and of the persons elected as delegates by plural- 
ity of the votes cast at said election. 

II. In order to execute this provision of the act re- 
ferred to with as little delay as possible, the command- 
ing officers of the district of Alabama, Georgia, and 
Florida will proceed immediately to divide those States 



68 Confederate Records 

into conveuient districts for registration, aided by such 
information on the subject as they have or can obtain. 
It is suggested tliat tlie election districts in each State 
which in 1860 sent a member to the most numerous 
branch of the State Legislature will be found a conven- 
ient division for registration. It is desirable that in all 
cases the registers shall be civilians, where it is possible 
to obtain such as come within the provisions of the act, 
and are otherwise suitable persons; and that military 
officers shall not be used for this purjiose, except in cases 
of actual necessity. The compensation for registers will 
be fixed hereafter, but the general rule will be observed 
of graduating the compensation by the number of re- 
corded voters. To each list of voters shall be appended 
the oath of the register or registers that the names have 
been faithfully recorded, and represent actual legal 
voters, and that the same man does not appear under dif- 
ferent names. The registers are specifically instructed 
to see that all information concerning their political 
rights is given to all ]iersons entitled to vote under 
the act of Congress; and they are made responsible that 
every such legal voter has the opportunity to record his 
name. 

III. As speedily as possible the names of persons 
chosen for registers shall be communicated to these 
headquarters for the a])proval of the commanding gen- 
eral. 

IV. The district commander in each of the States 
comprised in this military district is authorized to ap- 
point one or more general supervisors of registration, 
whose business it shall be to visit the variou.s points 
where registration is being carried on; to inspect the 



Reconstruction Orders and Correspondence 69 

operations of the registers; and to assure themselves 
that every man entitled to vote has the necessary infor- 
mation concerning his political rights, and the opportun- 
ity to record his name. 

V. A general inspector, either an officer of the army 
or a civilian, will be appointed at these headquarters to 
see that the provisions of this order are fully and care- 
fully executed. 

VI. District commanders may, at their discretion, 
appoint civil officers of the United States as registers, 
with such additional compensation as may seem reason- 
able and sufficient. 

VII. The commanding officer of each district will 
give public notice when and where the registers will 
commence the registration, which notice will be kept 
public by the registers in each district during the whole 
time occupied in registration. 

^^II. Interference by violence, or threats of viol- 
ence, or other oppressive means to prevent the registra- 
tion of anj" voter, is positively prohibited, and any per- 
son guilty of such interference shall be arrested and tried 
by the military authorities. 

By command of Brevet Major General Pope. 

J. F. CONYNGHAM, 

First Lieutenant lUh. U. S. Infantry, A. A. A. G. 



[General Orders No. 51.] 

War Department, Adjutant General's Office, 

Washington, April 10, 1867. 

Ordered, That the appropriation of five hundred 
thousand dollars by the joint resolution of Congress ap- 



70 ( 'oNFKDKliATK KeCORDS 

proved Marrli .'{(), 18G7, be disbursed under the direction 
of the Paymaster General, and that he assign an ofiBcer 
of his bureau, in eaeli of the five military districts, to 
make such disbursements, under regulations to be pre- 
scribed by the Pa>nnaster General and approved by the 
Secretary of War. 

The followinir is the joint resolution of Congress 
above referred to : 

[Public Resolution— No. 32.] 

Joint Resolution jiroviding for the expenses of car- 
rying into full effect an act entitled "An act to provide 
for the more efficient government of the rebel States." 

Be it resolved hy the Senate and House of Represen- 
tatives of the United States of America in Congress 
assembled, That sufficient money is hereby appropria- 
ted, out of any money in the Treasuiy not otherwise ap. 
propriated, to defray the expenses of carrying into full 
effect in all parts an act entitled "An act to provide for 
the more ellioient government of the rebel States," 
passed March 2, 18G7, with all its supplementary acts: 
Provided, That the amount shall not exceed five hun- 
dred thousand dollars. 

Approved March 30, 1867. 

By order of the Secretary of War : 

E. D. TOWNSEND, 

Assistant Adjutant General. 
Official : 

E. D. TOWNSEND, 

Assistant Adjutant General. 



Reconstruction Orders and Correspondence 71 

Address of Governor Jenkins. 

To The People of Georgia: 

During the late civil war you were distinctly in- 
formed by Legislative resolves and by executive procla- 
mations emanating from the United States government, 
that it was waged against you not \dndictively, nor for 
the purpose of conquest, but solely for the maintenance 
of the Union. The theory announced was that by her 
ordinance of secession Georgia had not placed herself, 
nor could in any way place herself, without its pale, but 
that, at whatever cost of blood and treasure, the resis- 
tance of her people to the authority of the United States 
must be suppressed. 

With these ideas in your minds, (actuated by what» 
considerations it matters not,) in April, 1865, you, in 
good faith, ceased that resistance, laid down your arms, 
and made full submission. From these premises it is un 
deniable that you had a right to expect, as it is notor- 
iously true you did expect, speedy restoration to the posi- 
tion in the Union from which you had essayed to with- 
draw — your status unchanged, save in the abolition of 
slavery, to which, with amazing equanimity,you assented 
by word and by act. 

To this work of restoration the President of the 
United States, in the recess of the Congress, faithful to 
the theory promulgated as above stated, addressed him- 
self, with much of circumstantial detail and elaborate 
machinery, but in a spirit of unaffected kindness. 

His prescribed programme you strictly pursued; all 
that was antagonistic to the United States government 
you expunged from your records; all that was required 



72 CONFF.OKRATE RECORDS 

to put you ii,i::aiii in proper relation with that govern- 
ment you did. When next the Congress assembled, your 
State government (which had been temporarily sus- 
pended) was in full operation. Senators and Represen- 
tatives, regularly elected and duly commissioned, pre- 
sented themselves in the halls of Congress and were re- 
fused admission. Yet the jiostal, revenue and judical 
systems of the federal government were extended over 
Georgia as over Massachusetts and Ohio. Direct taxes 
assessed against fhe several States of the Union, by acts 
previously passed, were collected from you. An amend- 
ment of the federal Constitution, proposed by the Con- 
gress in the prescribed forms was presented to your Leg- 
islature for ratification or rejection, as to those of New 
York and Pennsylvania. This you ratified, and your 
ratification was accepted. Y^our State government moved 
uninterruptedly in its proper sphere, its legislative and 
executive departments holding communication with de- 
partments of the federal government, as in the palmy, 
peaceful days of the republic. Thus one long session of 
Congress transpired, causing no new regret, save your 
continued exclusion from the natural councils. This you 
bore, if not uncomplainingly, at least submissively, 
patiently awaiting the prevalence of councils more lib- 
eral, more just. But during the first session of the 
thirty-ninth Congress another amendment was proposed 
to the Constitution and presented to your legislature for 
consideration and ratification or rejection. This was 
considered in the interval between the first and second 
sessions of the thirty-ninth Congress, and in terms en- 
tirely respectful, but quite distinct, rejected. Other 
States (now and always participant in federal legisla- 
tion, whose status as members of the Union has never 



Reconstruction Orders and Correspondence 73 

been questioned) likewise rejected it, and are unmolested. 
Against Georgia, and other States similarly situated, the 
rejection seems to have stimulated the ire of the national 
legislators. After having treated Georgia as a State, so 
far as coincided with their convenience or their inter- 
est; after having tolerated her government, reconstruc- 
ted under federal executive auspices during a period of 
eighteen months, the thirty-ninth Congress, just at its 
close, enacted a law providing for the reconstruction of 
your State government in accordance with their will and 
pleasure, irrespective of your own, and, ad interim, for 
your military government. The fortieth Congress, tak- 
ing up the role, immediately upon the expiration of its 
predecessor, has enacted a law supplementary to th^ 
former, placing the whole machinery of reconstruction 
in the hands of the military governor previously pro- 
vided for. Construing the two acts together, that offi- 
cial is clothed with dictaitorial powers over you, and sus- 
tained by as many bayonets as may be necessary to the 
end in view. They prescribe, as indispensable provisions 
in your contemplated constitution, several articles which 
the enacting power well knows you disapprove, and some 
of which, as applicable to themselves, other States now 
in full fruition of the Union disapprove, and have re- 
cently rejected. Lastly, these enactments, for the pur- 
poses of this forced reconstruction, extend the elective 
franchise to a large class of persons on whom you have 
never bestowed it, and to whom you, as well as other 
States now represented in Congress, by the rejection of 
the last proposed constitutional amendment, have re- 
fused to extend it. 

These acts of Congress have been vetoed by the Pre- 



~-l f '(^nfkiii;i;ai i; 1?i-:c'ords 

sideiit, but liave been passed over liis veto by two-thirds 
of eaeli l)ran(']i of tlie Congress. 

I shall not swell this address by a thorough analysis 
of these acts. They are fearfully familiar to you. But 
I hesitate not to say to you that they are palpably un- 
constitutional and grievously oppressive. 

Such, fellow-citizens, is your present condition, and 
the official relation I bear to you demands that I speak 
to you of it. The all-absorbing question is. What shall 
Georgia do? 

The public discussions seem to recognize only two^ 
alternatives: First, prompt acquiescence in the already^ 
rejected proposal for amendment to the federal Consti- 
tution, and in all the requirements of the two acts of 
Congress before mentioned, together with the incorpora- 
tion of them all, by our own acts, into our constitution 
and laws; secondly, a tirm but temperate refusal of such 
acquiescence and adoption, and a patient, manly endur- 
ance of military government, until in the efflux of time 
and on the subsidence of the passions generated by civil 
war, better counsels shall prevail at the federal capital — 
we, meantime, strictly observing law and order, and 
vigorously addressing ourselves to industrial pursuits. 

As between these altenaatives I have no hesitation in 
advising the adoption of the latter, but forbear at this 
time to assign any reasons for this advice, because, fel- 
low-citizens, I am far from believing that these are the 
only alternatives. I have strong faith that there re- 
mains to us an available remedy. In the federal govern- 
ment there are three departments. Two of them have 
passed upon these measures, and are in direct antagon- 
ism regarding their constitutionality. But in that event 



Reconstruction Oeders and Correspondence 75 

the Constitution gives to the legislative department 
power to override the executive, and they have so done. 
There still remains, however, the judicial department — 
the great conservator of the supremacy of the Constitu- 
tion — whose decrees, unlike the executive veto, cannot be 
overridden by the Congress. That department has not 
yet spoken. Should it be found in accord with the exe- 
cutive, this usurpation will be arrested. Then, althougH 
for a time you may be denied representation in Congress, 
your State government will remain intact, and full re- 
storation will not long be delayed. 

Watching at home the progress of these measures, I 
gave, as was my duty to you, earnest consideration to 
the question whether or not we had any remedy against 
them. I reached the conclusion that a case could be 
made, giving jurisdiction to the Supreme Court, wherein 
the validity of these acts could be properly tested, and 
whereby, if found invalid, they could be arrested. Un- 
willing to trust to my own judgment or that of any 
southern jurist, so liable to be swayed by the bias of 
southern interest and southern feeling, immediately 
upon the passage of the first act I came here for the 
sole purpose of submitting my views to, and consulting 
with, jurists able and pure, who could view the whole sub- 
ject from a different standpoint. I have done so, and, by 
sTich men, my proposed course has been approved. Be- 
fore you read this the cause of Georgia will be in that 
august tribunal, hitherto true to the Constitution — the 
bulwark of our liberties. The great question of relief 
from that quarter will be speedily determined. Need I 
ask you to be calm and quiet, committing yourselves 
hastily to no particular course of action? Should we 
fail, (as fail we may), there will remain nothing that I 



76 Confederate Records 

can do for you. Your destiny will be in your own hands, 
and you must choose between the alternatives first pre- 
sented. In making that choice you have my counsel, 
perhaps erroneous, but certainly honest. 

Charles J. Jenkins. 

Washington City, D. C, April 10, 1867. 



[General Orders No. 52.] 

Headquarters of the Army, 
Adjutant General's Office, 

Washington, April 11, 1867. 

The headquarters of the third military district is 
hereby transferred from ]\Iontgomer>', Alabama, to At- 
lanta, Georgia. 

By command of General Grant: 

E. D. TOWNSEND, 

Assistant Adjutant General. 
Official : 

E. D. ToWNSEND, 

Assistant Adjutant General. 



Reconstruction Orders and Correspondence 77 

Washington, April 13, 1867. 

GrENERAL: In reply to your communication of April 
7,* the General-in-Chief directs me to say that your views 
upon the obligation of a parole are in strict accordance 
with his own. Application will be made to the Secretary 
of the Interior for the information you desire from the 
Census Bureau. 

Staff officers have been ordered to report to you. 

I am. General, your obedient servant, 

0. E. Babgook, 

Brevet Brigadier General and Aide-de-Camp. 

Brevet Major General John Pope, U. S. Army, 

Commanding Third Military District, Atlanta, Ga. 

Official: 

E. D. TOWNSEND, 

Assistant Adjutant General. 

Transmitted by General Grant, and received at Adju- 
tant General's office, July 8, 1867. 



Headquarters Third Military District. 

General: I have the honor to transmit enclosed a 
copyt of an order which it is my purpose to publish as 
soon as I have ascertained from Provisional Governor 
Jenkins whether, at the time he issued his address^ to 
the people of this State, he had seen or had knowledge 
of my Order No. 1. 



»Page 63. tPage 80, tPage 71. 



78 Confederate Records 

The course of Governor Jenkins is disapproved and 
deprecated by every man in the State who favors recon- 
struction. It is doing great injury, by keeping the peo- 
ple disturbed and uncertain what to do, and in arresting 
the general movement which was going on for active par- 
ticipation in re-establishing the State government. In 
addition to this, I am mainly concerned in the total neg- 
lect of his duties and tlie embarrassment in the execution 
of the laws and the maintenance of good order arising 
from the fact that there is no lieutenant governor, and 
no one in the State who can act for him. 

Already it has been necessary to interfere with the 
military authority to arrest the execution of a man who 
was recommended to executive clemency by both judge 
and jury, but who would inevitably have been hanged 
because the Provisional Governor had absented himself 
and was not present to perform his duties. 

Provisional Governor Jenkins' course in attempting 
to make Georgia a party to a suit, without authority of 
law and without the consent of either legislature or peo- 
ple, is creating great dissatisfaction, and is embarrass- 
ing me very much in the performance of my duty. His 
address to the peo]ile of this State, advising them to take 
no action under the late acts of Congress, and denounc- 
ing those acts in a manner to excite ill-feeling, if not 
actual disturbance in their execution, is a positive viola- 
tion of my Order No. 1, and if not promptly noticed will 
render that order null and of no effect, and at once 
array the whole army of State officials against the exe- 
cution of those acts. 

The ill effects of permitting the whole power of the 
provisional State government, through all its civil de- 



Reconstruction Ordfrh and Correspondence 79 

partments and in all its ramifications, to be used to frus- 
trate the acts of Congress and to keep up the disturbed 
condition of the public mind, cannot be overstated. No 
reconstruction is possible, and it will be next to impossi- 
ble to secure faithful administration of the laws, while 
such influences are allowed to go on unchecked, unless the 
entire civil government is overthrown and the military- 
substituted. I deem it of the last importance to arrest 
it now, in the person of Provisional Governor Jenkins. 
If he is permitted to set authority at defiance, it will be 
useless to notice such offences committed by the minor 
ojBficers. 

I shall wait until the receipt of this letter and order 
is acknowledged, which I request may be done by tele- 
graph, when, if I am not restrained, I will then publish 
and execute the order. 

I am, General, very respectfully, your obedient 
servant, 

John Pope, 

Brevet Major General Commanding. 

U. S. Grant, 

General-in-Chief U. S. Army. 

Official : 

E. D. TOWNSEND, 

Assistant Adjutant General. 



[Indorsement on the foregoing.] 

Respectfully forwarded to the Secretary of War for 
his information. The telegraphic dispatch herein en- 



80 Confederate Records 

closed shows that Governor Jenkins, of Georgia, has 
given such pledges to the commander of the third mili- 
tary district as to induce him to withhold, for the pres- 
ent, his order suspending the Governor. The conduct 
of Governor Jenkins demonstrates, however, how possi- 
ble it is for discontented civil officers of the reconstructed 
States to defeat the laws of Congress, if the power does 
not exist with the district commanders to suspend their 
functions, for cause, in some way. It seems clear to 
me that the power is given in the bill "for the more effi- 
cient government of the rebel States," to use or not, at 
the pleasure of district commanders, the provisional 
machiner^^ set up without the authority of Congress, in 
the States to which the reconstruction act applies. There 
being doubt, however, on this point, I would respectfully 
ask an early opinion on the subject. If the power of 
removal does not exist with district commanders, then it 
will become necessary for them to take refuge under that 
section of the bill which authorizes military commissions. 

U. S. Gbant, General. 



[Enclosure No. 1.] 
[Special Order No. — .] 
Headquarters Third Military District, 

Atlanta, Georgia, April 17, 1867. 

Charles J. Jenkins, Provisional Governor of the State 
of Georgia, having absented himself and still remaining 
absent from the said State, to the neglect of his official 
duties and to the embarrassment of both the civil and 
militar>^ administration — being engaged in the city of 



Reconstruction Orders and Correspondence 81 

Washington in his official capacity, but without the au- 
thority of the Legislature or people of the State, in in- 
stituting proceedings before the Supreme Court of the 
United States for the purpose of hindering, delaying and 
defeating the execution of the late acts of Congress "to 
provide for the more efficient government of the rebel 
States," and the act supplemental thereto; and the said 
Provisional Governor having, in his official capacity, 
published an address ''to the people of Georgia," bear- 
ing date Washington, April 10, 1867, denouncing said 
acts of Congress as palpably unconstitutional and grev- 
iously oppressive, and containing other language calcu- 
lated to create discontent in the minds of the people and 
to excite animosity against the United States govern- 
ment; and in the same address advising the people of 
Georgia, whatever may be the decision of the Supreme 
Court of the United States, to refuse acquiescence in 
and adoption of the measures prescribed in said Acts 
whereby the State of Georgia may be restored to her 
proper relations to the government, which address is 
in direct violation of General Orders No. 1, issued from 
these headquarters April 1, 1867, wherein, after provid- 
ing for the retention in office of the civil officers in the 
States in this military district, is' the following para- 
graph: ''III. It is to be clearly understood, however, 
that the civil officers thus retained in office shall confine 
themselves strictly to the performance of their official 
duties ; and while holding these offices they shall not use 
any influence whatever to deter or dissuade the people 
from taking an active part in reconstructing their State 
governments under the act of Congress to provide for a 
more efficient government of the rebel States and the 
act supplemental thereto;" and it being manifestly im- 



82 t'ONFEDERATK KeCORDS 

practicable for the general commanding to perform his 
duties under the laws through the agency of the civil 
government and tribunals now in existence in this State 
while the Provisional Governor thereof proclaims his 
opposition to the execution of said laws and denounces 
the same, and violates the orders and defies the authority 
of the commanding general, who is held responsible that 
the authority and laws of the United States shall be 
duly respected in his district. 

Therefore, the said Charles J. Jenkins is hereby de- 
posed from the oflice of Provisional Grovemor of the 

State of Georgia, and the Hon, , of said 

State, is appointed i*ro\dsional Governor thereof, with 
power to exercise all the authority and perform all the 
duties of Governor of the State of Georgia until further 
orders. 

Jno. Pope, 

Major General Commanding. 



Official 



E. D. TOWNSEND, 

Assistant Adjutmit General. 



Office U. S. Military Telegraph, 

War Department, 

Washington, D. C, April 20, 1867. 

[From Atlanta, Georgia — 10.45 a. m.] 

The explanation* made by Governor Jenkins and his 
assurances for the future are satisfactory, and render 

•Page 88. 



Reconstruction Orders and Correspondence 83 

unnecessary any further consideration of the order I 
sent you by mail. 

John Pope, 

Brevet Major General U. S. Army. 
Official: 

Geo. K. Leet, 

Assistant Adjutant General. 

Transmitted by General Grant, and received at Adju- 
tant General's Office, July 8, 1867. 

War Department, 

Adjutant General's Office, 

Washington, D. C, July 6, 1867. 



Official 



E. D. TOWNSEND, 

Assistant Adjutant General. 



Washington, D. C, April 21, 1867. 

My Dear General: Having read Governor Jenkins's 
address* to the citizens of Georgia, I was on the eve of 
writing you a letter advising his suspension and trial 
before a military commission, when your dispatch an- 
nouncing that the Governor had given such assurances 
as to render your order, in his case, unnecessary, was 
received. I am now in receipt of the order itself, and 
your accompanying letter, and have just prepared the 
enclosed indorsement to go with it. My views are that 

•Page 71. 



84 Confederate Records 

district commanders are responsible for the faithful exe- 
cution of the reconstruction act of Congress, and that in 
civil matters I cannot give them an order. I can give 
them my views, however, for what thev are worth. 



I presume the Attorney General will give a written 
opinion on the subject of the power of district command- 
ers to remove civil officers and appoint their successors. 
When he does I will forward it to all the district com- 
manders. It is very plain that the power of district 
commanders to try offenders by military commissions 
exists. I would advise that commissions be resorted to, 
rather than arbitrary removals, until an opinion is had 
from the Attorney General, or it is found that he does 
not intend to give one. 



Yours truly, 

U. S. Grant, General. 
Major General J. Pope, 

Commanding Third District. 

Headquarters Army United States. 
OfiScial copy: 

Geo. K. Leet, 
Assistant Adjutant General. 



Eeconstkuction Orders and Correspondence 85 
[Greneral Orders No. 10.] 

Headquarters Third Military District, 
(Georgia, Alabama and Florida.) 

Atlanta, Ga., April 23, 1867. 

The following paragraph from General Orders No. 

1,* from these headquarters, is republished for the in- 
formation of all concerned: 

Paragraph III. "It is clearly to be understood, how- 
ever, that the civil officers thus retained in office shall 
confine themselves strictly to the performance of their 
official duties, and whilst holding their offices they shall 
not use any influence whatever to deter or dissuade the 
people from taking an active part in reconstructing their 
State government under the act of Congress to provide 
for the more efficient government of the rebel States, 
and the act supplementary thereto." 

The words "shall not use any influence whatever" 
shall be interpreted in their widest sense, and held to 
mean advice, verbal or written, given to individuals, com- 
mittees, or the public. 

All officers in the military district are directed, and 
citizens are requested, to give immediate information of 
any infraction of this order, and to prevent misunder- 
standings on the subject, it is distinctly announced that 
any civil official (State or municipal) within this district 
who violates the above order will be deposed from his 

•Page 57, 



8() ('oxFKDK.nA IK Records 

oflioo and held accountjihle in such other manner as the 
nature of the case demands. 

By command of Brevet Major General Pope. 

G. K. Sanderson, 

Captain 33d U. S. Infantry, A. A. A. G. 



Headquarters Third jMilitary District, 

Atlanta, Ga., April 24, 1867. 

General: I have the honor to transmit enclosed* 
copies of a correspondence with Provisional Governor 
Charles J. Jenkins, of Georgia. I have concluded, in 
view of a lengthened conversation with Governor Jenk- 
ins, to take no further action in his case for the present. 

I think it judicious to retain in office the present civil 
officers in Georgia, most of whom are still rebels, pro- 
vided they can be restrained from using any influence 
to prevent the people from complying with the acts of 
Congress, and so long as they administer the laws with 
impartiality and justice. By this arrangement they will 
be prevented from doing the injury to the cause of re- 
construction that they might do if allowed, in an unoffi- 
cial capacity, to take an active part in the political dis- 
cussions which will arise in the progress of registration 
and election. As soon as I find that they are not thus re- 
strained, I will remove them from office, and, if neces- 
sary, bring them to trial. I shall, in a few days, publish 
an order prohibiting the newspa|>ers or speakers, in 
their discussions about the policy of reconstruction under 

•Pages 87-94. 



JtKCONSTRUCTlOM OrDKRS A,\J> CORRESPONDENCE 87 

the late acts of Congress, from abusing or denouncing 
the government or any of its departments, or using per- 
sonal epithets or misrepresentation personally of any 
officer of the United States government for any acts done 
in performance of his duty; in fact, from any abuse 
whatever that may tend to weaken the authority or bring 
into contempt or excite any feeling of ill-will toward any 
such officer. 

I am, General, respectfully, your obedient servant, 

John Pope, 

Brevet Major General Commanding. 

U. S. Grant, 

General-in-Chief , Washington, D. C. 



[Enclosure No. 1.]* 

Headquabters Third Military District, 

Atlanta, Georgia, April 17, 1867. 

Sir: I have the honor to transmit, enclosed, a copy 
of my general order assuming command of this military 
district. Copies were sent to you at the time, addressed 
to Milledgeville. Paragraph III of that order reads as 
follows : 

"III. It is to be clearly understood, however, that 
the civil officers thus retained in office shall confine them- 
selves strictly to the performance of their official duties, 
and whilst holding their offices they shall not use any 
influence whatever to deter or dissuade the people from 



88 Confederate Records 

taking au active part in reconstructing their State gov- 
ernment, under the act of Congress to provide for the 
more efficient government of the rebel States and the 
act su]^plementary thereto." 

I have the honor to request that you will inform me, 
at as early a day as possible, whether, when you issued 
your address to the people of Georgia, dated Washing- 
ton, D. C, April 10, 1867, you had seen or had knowl- 
edge of the enclosed order. 

I am very respectfully, your obedient servant, 

John Pope, 

Brevet Major General Commanding. 

Charles J. Jenkins, 

Provisional Governor, Milled geville, Georgia. 

A duplicate of this letter has been addressed to you 
at Washington City. 

A true copy: 

G. K. Sanderson, 

Capt. 33d U. S. Infantry, Act'g Ass't Adj't Gen'l. 



[Enclosure No. 2.]* 

National Hotel, 

Atlanta, Georgia, April 20, 1867. 

Sir: On yesterday evening a copy of a communica- 
tion from you, addressed to me at Milledgeville on the 
17th instant, was handed to me in this hotel. With that 
communication was transmitted a copy of your General 



Reconstruction Orders and Correspondence 89 

Order No. 1, issued from Montgomery, Alabama ; and my 
attention being called to paragraph 3 of that order, you 
inquire whether, when I issued my address to the people 
of Georgia dated Washington, D. C, April 10, 1867, I 
had seen or had knowledge of your order above men- 
tioned. I answer that, at that time, I had neither seen 
nor had knowledge of it. I supposed I was exercising 
such freedom in the public expression of opinion relative 
to public matters as seems still to be accorded to the 
citizens of this republic, not imagining that it was 
abridged by the accident of the speaker or writer holding 
office. 

So much for the past, General, and I will only add 
that in the future I shall do and say what I may believe is 
required of me by the duty to which my oath of office 
binds me, and this, I trust, will not involve either con- 
flict or controversy between us in the execution of our 
respective trusts, as I think it need not. Everything of 
this character I certainly desire to avoid. 

I am, sir, very respectfully, your obedient servant, 

Charles J. Jenkins, 
Governor of Georgia. 
Brevet Major General John Pope, 
Commanding, Etc. 
A true copy: 

G. K. Sanderson, 
Capt. Thirty-third U. S. Infantry, A. A. A. G. 



90 Confederate Records 

[Enclosure No. 3.]* 

Headquarters Third Military District, 

Atlanta, Georgia, April 22, 1867. 

Governor: I have the honor to acknowledge the re- 
ceipt of your letter of the 20th instant, in answer to mine 
of the 17th. It gives me pleasure to say that your ex- 
planation is satisfactory so far as the past is concerned, 
and I cordially concur with you in the hope that our rela- 
tions in the future may be harmonious and agreeable. 

I would content myself with this answer to your letter 
but for the following remark which it contains. You 
say: "I supposed I was using such freedom in the 
public expression of opinion relative to public matters 
as seems still to be accorded to the citizens of this repub- 
lic, not imagining that it was abridged by the accident of 
the speaker or writer holding office." This expression 
seems to indicate that you think that in some manner, 
either personally or ollicially, you have been wronged 
by that paragraph of my order which has occasioned this 
correspondence, and that I am seeking to abridge the 
liberty of speech in this State in an unnecessary and 
oppressive manner. I trust that I may be able to dis- 
abuse your mind of this idea. It is scarcely necessary to 
tell you that the late acts of Congress, which I am sent 
here to execute, recognize the existing State government 
of Georgia as merely provisional, and that the object in 
recognizing it at all was only that the ordinary course 
of business in the civil tribunals and the administration 
of the laws of the State by the customary agencies might 
not be interrupted further than was necessary for the 
strict execution of the laws of the United States. It is 



EEcoNSTRucTioisr Orders and Correspondence 91 

not doubted that Congress might have legislated the pres- 
ent State government of Georgia out of existence as 
easily as they have recognized it as provisional, and it is 
as little to be doubted that Congress would have done so 
could it have been foreseen that the entire machinery of 
the provisional State government would be used to defeat 
the very law by whose sufferance alone it has any exist- 
ence at all. It is very clear that Congress did not intend 
to recognize or permit to exist by these reconstruction 
acts a powerful organization to be used against their 
execution, nor can such use be made of the State govern- 
ment of Georgia without greatly obstructing, if not, in- 
deed, entirely frustrating, the performance of the duty 
required of me by these acts. The existing State govern- 
ment was permitted to stand, for the convenience of the 
people of Georgia, in the ordinary administration of the 
local civil laws, and to that end it should be carefully 
confined. 

It was in this view that paragraph 3 of my order as- 
suming command was considered, and it is not easy to 
see how it can be regarded as oppressive or unjust. 

Holding your office by permission of the United States 
government, you are debarred, as I am, from expressing 
opinions or using influences to defeat the execution of 
the laws of the United States, or to excite ill feeling and 
opposition to the general government, which is executing 
these acts of Congress. With your personal opinions, 
or those of any citizen of Georgia, or their expression 
within the limits of the law, I have nothing to do; but 
the distinction between personal opinion, openly ex- 
pressed in an official capacity, and official opinion, is 
too nice for the common understanding. 



92 Confederate Records 

The influence of your opinions, openly avowed, must 
of necessity be very great with the civil officers of the 
State in all its departments, when the tenure of office is 
largely dependent upon your pleasure. Your opinions 
as a private citizen without official station and the same 
opinions while Governor of Georgia have a very different 
significance, and produce a very different effect. 

It only requires that the civil machinery of Georgia 
be not perverted so as to frustrate the execution of the 
laws of the United States, and for that reason I exact 
from the civil officers that while they retain their offices 
they confine themselves sitrictly to the performance of 
their official duties, and do not use their influence to pre- 
vent the people of the State from submitting to and car- 
rying out the laws of the United States. 

In your address to the people of Georgia, which occa- 
sioned this correspondence, you denounce the acts of 
Congress, which I am sent here to execute, as "palpably 
unconstitutional" and "greviously oppressive," and ad- 
vise the ])eoi)le, whatever may be the decision of the 
Supreme Court of the United States, to take no action 
under those laws. A\'hile you counsel them not to resist 
by violence, you at the same time, by open denunciation 
of the law, invite the very action which you seem to dep- 
recate. 

It is manifestly impossible for me to perform the 
duties required of me by the Acts of Congress while the 
Provisional Governor of the State is openly denouncing 
them, and giving advice to the public in his official capac- 
ity, the result of which will be to excite discontent and to 
arrav the whole army of office-holders in the State in 
opposition to their execution, unless, indeed, the whole 



Reconstruction Orders and Correspondence 93 

civil government of the State is overtlirown and the 
military substituted. I think such a change would be as 
distasteful to the people of Georgia as it would be to me; 
and yet, if the civil officers of the State follow the example 
which your excellency has set thon, there will be no 
escape from such a result. 

The third paragraph of my order imposes no restric- 
tions on you to which I am not myself subjected. You 
hold your office by permission of the United States gov- 
ernment. I hold mine, as do thousands of others, both 
civil and military, by substantially the same tenure. Cus- 
tom, old enough to be law itself, restricts us in conversa- 
tion and action precisely as paragraph 3 of my order re- 
stricts you. There is a very simple mode of freeing our- 
selves from such restrictions when they become too 
oppressive. 

In conclusion, Governor, it seems necessary for me to 
say, in general reply to the latter portion of your letter, 
that the paragraph of my order to which you object was 
very carefully considered; that it means precisely what 
it says, and that to the full extent of my power it will 
be strictly enforced. 

My great respect for your personal character has 
made it painful to me to write you this letter; but as a 
fair and full understanding between us is absolutely 
essential to anything like harmonious relations, I have 
thought it necessary, even at the risk of giving offense, 
to acquaint you fully with my understanding of my duty 
and of the status of the ci\'il officers of the provisional 
State governments under the late acts of Congress. 

I again assure you that it shall be my study, as it 
will be my pleasure, to preserve unimpaired friendly 



94 Confederate Records 

and harmonious relations with you, and I trust that our 
views on the subject of this correspondence may be made 
to harmonize sufficiently to secure this result. 

I am, very respectfully, your obedient servant, 

John Pope, 

Brevet Major General Commanding. 

Provisional Governor Charles J. Jenkins, 

Milledgeville, Georgia. 

Official : 

E. D, TOWNSEND, 

Assistant Adjutant General. 

Transmitted by General Grant, and received at the 
Adjutant General's office, July 8, 1867. 



[Special Orders No. 14 — Extract.] 
Headquarters Third Military District, 
(Georgia, Alabama, and Florida.) 

Atlanta, Ga., May 3, 1867. 

III. Colonel E. Hurlbert is hereby appointed super- 
intendent of registration for the State of Georgia. 

He will proceed to Macon, Georgia, and report to 
Colonel C. C. Sibley, commanding district of Georgia, 
and will act in conjunction with that officer. 

By command of Brevet Major General John Pope. 

G. K. Sanderson, 
Captain 33d U. S. Infantry, and A. A. A. G. 



Reconstruction Orders and Correspondence 95 
Headquarters Army of the United States, 

Washington, D. C, May 11, 1867. 

General: The estimates for funds to carry out the 
act* of Congress ''for the more efficient government of 
the rebel States, ' ' being in excess of the amountf appro- 
priated by Congress, district commanders are informed 
that the Paymaster General will inform them of the 
amount each can receive from the present appropriation. 
Any expense incurred beyond the present appropriation 
cannot be paid until Congress supplies the means. 

By command of General Grant: 

Geo. K. Leet, 

Assistant Adjutant General. 

Brevet Major General John Pope, 

Commanding Third Military District. 

Official Copy: 

Geo. K. Leet, 

Assistant Adjutant General. 



[General Orders No. 20.] 

Headquarters Third Military District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., May 21, 1867. 

In accordance with an act| of Congress, supplement- 
ary to an act to provide a more efficient government for 



*Page 134. fPage 70. tPage 3 62. 



96 Confederate Records 

the rebel States, etc., dated March 2, 1867, the following 
arrangements are herein made for the registration of 
voters in the States of Georgia and Alabama: 

I. The States of Georgia and Alabama are divided 
into registration districts, numbered and bounded as 
hereinafter described. 

II. A board of registration is herein appointed for 
each district, as above mentioned, to consist of two white 
registers and one colored register. In the State of Geor- 
gia, where only the two white registers are designated 
in this order, it is directed that these white registers in 
each district immediately select, and cause to be duly 
qualified, a competent colored man to complete the board 
of registration, and report his name and postoJBfice ad- 
dress, without delay, to Colonel C. C. Sibley, command- 
ing district of Georgia, at Macon, Georgia. 

III. Each register will be required to take and sub- 
scribe the oath prescribed by Congress, by an Act dated 
July 2, 1862, and an additional oath to discharge faith- 
fully the duty of register under the late acts of C'on- 
gress. It is not believed that any of the appointees, here- 
inafter designated will he unable to take the test oath 
above mentioned. Blank fonns of these oaths will be 
sent to the appointees at once, and on being executed 
and returned to the superintendents of State registra- 
tion, their commissions as registers ^nll be issued and 
forwarded to them immediately. 

IV. In order to secure a full registration of voters, 
it is determined to fix the compensation of registers ac- 
cording to the general rule adoi)ted in taking the census. 
In the cities the compensation is fixed at fifteen cents for 



Reconstruction Oeders and Correspondence 97 

each recorded voter; in the most sparsely settled coun- 
ties and districts, at forty cents per voter. The compen- 
sation will be graduated between these limits, according 
to the density of the population and the facilities of 
communication. Ten cents per mile will be allowed for 
transportation of registers off the lines of railroads or 
steamboats, and five cents per mile when travel is done 
on railroads and steamboats. 

V. It is hereby made the duty of all registers, and 
they will be expected to perform it strictly, to explain 
to all persons who have not heretofore enjoyed the 
right of suffrage what are their political rights and 
privileges, and the necessity of exercising them upon 
all proper occasions. 

VI. The name of each voter shall appear in the list 
of voters, for the precinct or ward in which he resides ; 
and in cases where voters have been unable to register 
whilst the boards of registration were in the wards or 
precincts where such voters live, opportunity will be 
given to register at the county seats of their respective 
counties, at a specified time, of which due notice will be 
given; but the names of all voters thus registered will 
be placed on the list of voters of their respective pre- 
cincts. 

VII. The boards of registration will give due notice, 
so that it may reach all persons entitled to register, of 
the date when they will be in each election precinct, the 
time they will spend in it, and the place where the regis- 
tration will be made; and upon the completion of the 
registration for each county, the board of registration 
will give notice that they will be present for three suc- 
cessive days at the county seat of such county, to regis- 



98 Confederate Kecobds 

ter such voters as have failed to register, or been pre- 
vented from registering in their respective precincts, 
and to hear evidence in the cases of voters rejected by 
the registers in the several precincts who niay desire to 
present testimony in their own behalf. 

VIII. Unless otherwise instructed hereafter, boards 
of registration are directed, in determining whether ap- 
plicants to register are legally qualified, to hold that the 
terms "executive and judicial," in the act of Congress 
March 23, 1867, comprises all persons whomsoever who 
have held office under the executive and judicial depart- 
ments of the State or national government; in other 
words, all officers not legislative, which last are also ex- 
cluded by the act. Persons who apply to register, but 
who are considered disqualified by the boards, will be 
permitted to take the required oath, which, with the ob- 
jections of the board, will be held for adjudication 
hereafter. 

IX. The lists of registered voters, for each of the 
precincts, will be exposed in some public place in that 
precinct for ten consecutive days at some time subse- 
quent to the completion of the registration for each 
county, and before any election is held, in order that all 
sup]X)sed cases of fraudulent registration may be thor- 
oughly investigated. Due notice will be given and pro- 
vision made for the time and place for the examination 
and settlement of such cases. 

X. Blank books of oaths required to be taken by 
voters, and blank registration lists, as also full and de- 
tailed instructions for the performance of their duties, 
will be at once forwarded to the boards of registration 
appointed in this order, and it is enjoined upon these 



Reconstruction Orders and Correspondence 99 

boards that they proceed to complete the registration 
with all energy and despatch. 

XI. The detailed instructions to registers will desig- 
nate the member of each board who shall be its president. 

XII. Violence, or threats of violence, or any other 
oppressive means to prevent any person from register- 
ing his name or exercising his political rights, are posi- 
tively prohibited; and it is distinctly announced that no 
contract or agreement with laborers, which deprives 
them of their wages for any longer time than that actu- 
ally consumed in registering or voting, will be permitted 
to be enforced against them in this district; and this 
offence, or any previously mentioned in this paragraph, 
will cause the immediate arrest of the offender and hia 
trial before a military commission. 

XIII. The exercise of the right of every duly author- 
ized voter, under the late acts of Congress, to register 
and vote, is guaranteed by the military authorities of this 
district; and all persons whosoever are warned against 
any attempt to interfere to prevent any man from exer- 
cising this right under any pretext whatever, other than 
objection by the usual legal mode. 

XIV. In case of any disturbance or violence at the 
places of registration, or any molestation of registers, or 
of applicants to register, the boards of registration will 
call upon the local civil authorities for a police force, or 
a posse to arrest the offenders and preserve quiet, or if 
necessary, upon the nearest military authorities, who are 
hereby instructed to furnish the necessary aid. Any 
civil officials who refuse, or who fail to protect the regis- 
ters, or applicants to register, will be reported to the ^^ 



100 Confederate Records 

head (luartcrs oi' tlie oHiccr (•oiiini.iiKliiig in the State, 
who will arrest siidi (IcliiKiuents and send charges 
against tliem to these liead(|uarters, that they may be 
brought before a military commission. 

By command of P.revet Major General Pope. 

(!. K. Sanderson, 
Captdin :i3rd. U. S. Infantry, A. A. A. G. 



IXsrin « I'loXS To REGISTERS. 

Headquarters Tiiiud Military District, 
(Georgia, Alabama, and i'Morida,) 

Atlanta, Ga., June 1, 1867. 

I. Gentlkmkn : In conformity with the fourth sec- 
tion of the supplementary act of Congress, passed March 
23, 1867, and by direction of Brevet Major General John 
Pope, commanding this district, you have been desig- 
nated as members of a Iward of registration for the 

election district, comprising the 

count of , in the state of 

II. I herewith transmit you copies of the laws of 
Congress in pursuance of which you are appointed, and 
under whose authority yon are to act, and of General 
Order No. 20, from these head(|uarters, which, with these 
instructions, will bo your guide in the performance of 
your duties. 

ni. The necessary books and blanks will also be 
sent vou. 



Reconstruction Orders and Correspondence 101 

IV. Your official oath having been forwarded to the 
superintendent of registration for your State, you will 
enter at once upon the performance of your duties. 

V. Should one of you decline, or from permanent ill- 
ness or other cause become incapacitated, the other two 
will nevertheless go on with the work, giving immediate 
notice of the vacancy, and forwarding at the same time 
the name of a person properly recommended and capable 
of filling the vacant place. 

VI. In this, as in other cases of official correspond- 
ence, you will address all letters and reports to the sup- 
erintendent of registration for your State. 

VII. Should there be but one register in readiness 
to serve, he Y\'ill report the fact immediately, but will not 
enter upon liis duties until advised so to do by the super- 
intendent. 

^T;II. Upon examination of the act of Congress you 
will find that you are to register the names of the male 
citizens of the United States, twenty-one years of age and 
upwards, resident in each county within your district, 
who shall have taken and subscribed the prescribed oath. 

IX. You have been designated for this duty in the 
fullest confidence that you will perform it faithfully. 

X. It is particularly enjoined upon you to see that 
all persons entitled to register fully know and under- 
stand all their rights and privileges, and you will take 
especial care to explain these rights and pri\dleges, and 
the nature and importance of the right of suffrage to 
those who have not heretofore enjoyed it. 

XI. You will as a preliminary step, cause the fac* 



102 Confederate Records 

of your appointment to be known throughout your dis- 
trict by all means within your reach, and then proceed to 
carry out in all its details the directions given in sec. 
\'I1I. General Or.ler Xo. '_'»), from these headquarters. 

XII. The "due notice" referred to may include 
hand-bills, letters, notices posted up in public places, 
such as electi(m i)olls, post offices, cross-roads, taverns, 
stores, &c., cVic. 

XIII. You will visit each and every election precinct 
in each and every county of your district, spending in 
each the number of days necessary to complete the regis- 
tration, taking care that full and sufficient notice be given 
in advance in order to secure the attention and attend- 
ance of every -jierson entitled to register. 

XIV^ In proceeding to register, you will read dis- 
tinctly to the person or persons to be registered, the 
oath prescribed by law and printed in the books of regis- 
tration. 

XV. You will cause each one to sign a separate copy 
in the book, and having duly administered the oath, one 
of you will immediately fill up and sign the certificate, 
below, so that it will read, "Sworn to and subscribed be- 
fore me, date, precinct, and coimty aforesaid," (then 
follows signature.) 

"Register of the registration district." 

X\T^. That portion of the certificate beginning, "and 

further, that he was born in ," and the two lines 

following, need only l>e filled up in the case of a foreign 
born and naturalized citizen, and the blank after the 
printed words, "and naturalized by," will be filled up by 
the name of the court and judge before whom his 



Reconstruction Orders and Correspondence 103 

naturalization papers were taken out. In all such cases 
registers will be careful to distinguish a certificate of 
naturalization from a declaration of intention to become 
a citizen; the latter, or declaration of intention, being 
of no value in this connection, and conferring no quality 
of citizenship. And no certificate of naturalization issued 
under the authority of the so-called Confederate States, 
or of any pretended State governments under the same, 
will be considered valid. 

XVII. If any person shall apply to register whom 
you consider as excluded by law, you will permit such 
persons, if they desire it, to take the prescribed oath, 
and will attest the same. You will then write across the 
printed certificajtes the words "excluded," and note be- 
low, in as few words as possible, the character of your 
objection. 

XVIII. A full and accurate list of all persons thus 
excluded will be made and preserved, and their several 
applications will be enquired into and adjudicated as 
specified in section VIII, General Order No. 20. 

XIX. In addition to the book of oaths, you will re- 
ceive registration books suificient for all the counties in 
your district ; these books will be your official record, and 
in their use the utmost neatness, care, and accuracy are 
enjoined. They are to be used in duplicate, that is to say, 
the entries will be repeated, or made simultaneously in 
two books, so that you will have two i'2) complete and 
exactly similar lists of registered voters for each and 
every precinct in your district. You will be careful that 
these two lists are kept separate, that is to say, one regis- 
ter will keep and care for one list, and another register 
the other list, so that in case either of the books of voters 



104 Confederate Records 

is lost or defaced, the other will be available. If more 
than two (2) sets of books are needed for a county, you 
trill use another set, but you will be careful to close the 
books when the registration is completed for the county 
for which those books were opened, and open a new set 
for the next county in order. The object of this arrange- 
ment is, that the registration for each county may be 
complete and separate. 

XX. From the book of oaths you will copy into the 
books of registration for each county the particular;3 
necessary to till the several columns, \dz: Date, name, 
book, page, color, residence, and in cases of naturaliza- 
tion, how, when, and where naturalized. Under the head 
of Remarks you will add anything you may consider 
necessary to explain or throw light upon the position or 
qualification of the person registered. 

XXI. In the same books you will be careful to keep 
each precinct separate, and for that purpose the record 
of resignation for each precinct of its proper county will 
be separated from the preceding and the following one 
by one or more blank pages. 

XXII. In thus entering the names of voters in each 
precinct, you will write the surname first, thus: If the 
voter's name l)e John Smith, you will enter it Smith, 
John ; if his hame be Thomas Hutchings, you will enter it 
Hutchings, Thomas, and in similar manner for all names. 

XXIII. As fast as the registration of each county 
is completed, the books of registration, as also the book 
of oaths for that county, will be despatched by express, 
or other safe and speedy means, to the superintendent 
of registration for your State. 



Reconstruction Orders and Correspondence 105 

XXIV. If any doubt arise in the mind of the boarS 
concerning any article in these instructions, or concern- 
ing any case which may come before it which the regis- 
ters cannot themselves determine by a vote of the board, 
application for information will be made to the super- 
intendent, who will immediately refer such cases to these 
headquarters for a decision. 

By command of Brevet Major General John Pope. 

Jas. F. Meline, 

Bvt. Col. and General Inspector of Registration, 3rd. 
Military Dist. 



[General Orders No. 31.] 
Headquarters Third Military District, 
(Georgia, Alabama, and Florida.) 

Atlanta, Ga., June 6, 1867. 

Post and detachment commanders in this military 
district are directed to give all aid and assistance in their 
power to the boards of registration, in receiving and 
distributing any books or papers relating to registra- 
tion, or orders, or instructions relating thereto, issued 
from these headquarters, the headquarters of the dis- 
tricts, or from superintendents of State registration. 

By command of Brevet Major General John Pope. 

G. K. Sanderson, 
Captain 33d. U. S. Infantry, A. A. A. G. 



lOJi ( "ONFKDKHATK HliCORDS 

[Telegram. I 

[Received at War Department '2 p. in. June 27, 18G7, 
from Atlanta, (ia.. June '27. 1SG7.J 

Gkneral U. S. Grant, 

Commanding Annies United States: 

Day before yesterday I received a copy of the opinion 
of the Attorney General on registration, sent me for my 
information, throii<2:li the Assistant Adjutant General, 
by order of the President. Ten days ago I had made, and 
published, instructions to registers, which will have to 
be dropi)ed if the Attorney General's opinion' is enforced. 
T,he opinion sent by the President's order does not seem 
to be an order to me on the subject ; but, as there may be 
room for doubt, I ask that I be informed by telegraph 
whether or not I am ordered by the President to con- 
form my action to the Attorney General's opinion. I 
stand ready to obey the President's orders on the sub- 
ject, but I wrote you fully on the subject yesterday, the 
probable result of enforcing the Attorney General's 
opinion in this district; enclosing also copies of my or- 
ders and instructions about registration. 

Please answer by telegram as soon as possible, as it 
is manifest that there should be no delay in my being in- 
formed of the President's purpose. 

John Pope, 

Major General Commanding. 

Headquarters Army United States, 
Official copy: 

Geo. K. Leet, 

Assistant Adjutant General. 



Reconstruction Orders and Correspondence 107 
[Telegram.] 

Washington, June 28, 1867. 

Major General J. Pope, Atlanta, Ga. : 

Your despatch of yesterday received. Enforce your 
own construction of the military bill, until ordered to do 
otherwise. The opinion of the Attorney General has 
not been distributed to district commanders in language 
or manner entitling it to the force of an order ; nor can I 
suppose that the President intended it to have such force. 

U. S. Grant, General. 

Headquarters Army United States, 

Official copy: 

Geo. K. Leet, 

Assistant Adjutant General. 



[Special Orders No. 61.] 
Headquarters Third JMilitary District, 
(Georgia, Alabama, and Florida.) 

Atlanta, Ga., July 5, 1867. 

1. The management of the quarantine of the port of 
Savannah will be turned over to the proper civil 
authorities. 

The commanding officers of the post of Savannah and 
of Fort Pulaski will give such assistance to the civii 
authorities, on their application, as may be necessary to 
enforce the quarantine laws. 



108 Confederate Records 

On i(M|uisiti{)ns ;ii»i)n)ve(l hy the post commander at 
Savaiiiuili, the (|naitermaster and commissary depart- 
ments arc authorized to issue such tents, bedding, and 
rations as may l)e necessary for the healthy portion of 
passengers and crews of vessels detained. In accordance 
with instructions from the Secretary of War, separate 
accounts of such issues will be made. 

By command of Brevet Major General Pope. 

Gr. K. Sanderson, 

Captain 33d. U. S. Infantry and A. A. A. G. 



[General Orders No. 41.] 

Headquarters Third Military District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., July 19, 1867. 

The attention of all boards of registration in this dis- 
trict is called to *General Orders No. 10, from these head- 
quarters, prohibiting civil officers from using any in- 
fluence whatever, to deter or dissuade the people from 
taking an active part in reconstructing their State gov- 
ernments, under the act of Congress of March 2, 1867, 
and the acts supplementary thereto. 

Boards of registration are hereby instructed to in- 
quire into this subject and report at once the names of 
any civil officers who have been guilty of any infraction 
of this order, or who may \4olate it hereafter. 

By command of Brevet Major General Pope. 

G. K. Sanderson, 

Captain 33d. U. S. Infantry and A. A. A. G. 

•Pag« 85. 



Reconstruction Orders and Correspondence 109 

Joint Besolutions to carry into effect the several Acts 
providing for the more efficient government of the Rebel 
States. 

Be it resolved by the Senate and House of Represen- 
tatives of the United l^ates of America in Congress as- 
sembled, Tliat, for the purpose of carrying into effect 
the above-named acts, there be appropriated, out of any 
money in the Treasury not otherwise appropriated, the 
sum of one million dollars. 

Schuyler Colfax, 

Speaker of the House of Representatives. 

B. F. Wade, 

President of the Senate pro tempore. 



Washington, D. C, July 19, 1867. 
To the House of Representatives : 

For reasons heretofore stated in my several veto 
messages to Congress upon the subject of reconstruction, 
I return without my approval the ''Joint Resolution to 
carry into effect the several acts providing for the more 
efficient government of the Rebel States," and approp- 
riating for that purpose the sum of $1,000,000. 

Andeew Johnson. 



110 Confederate Records 

In The House of Representatives, U. S. 

July 19th, 1867. 

The Presidoiit of the United States having returned 
to the House of Re])resentatives, in which it originated, 
the resolution entitled ''Joint Resolution to carry into 
effect the several acts providing for the more efficient 
government of the rebel States," with his objections 
thereto, the House of Representatives proceeded, in pur- 
suance of the Constitution, to reconsider the same; and 

Resolved, That the joint resolution do pass, two- 
thirds of the House of Representatives agreeing to pass 
the same. 

Edwd, McPherson, 

Clerk H. R. U. S. 



In The Senate of the United States, 

July 19, 1867. 
The Senate having proceeded, in pursuance of the 
Constitution, to reconsider the resolution entitled 
* 'Joint Resolution to carry into effect the several acts 
providing for the more efficient government of the rebel 
States," returned to the House of Representatives by 
the President of the United States, with his objections, 
and sent by the House of Representatives to the Senate, 
with the message of the President returning the resolu- 
tion: 



Reconstructiok Orders and Correspondence 111 

Resolved, That the resolution do pass, two-thirds of 
the Senate agreeing to pass the same. 



Attest; 



J. W. Forney, Secretary. 
By W. J. McDonald, Chief Clerk. 



[General Orders No. 45.] 

Headquarters Third Militaby District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., August 2, 1867. 

No ci\'il court of any of the States within this mili- 
tary district will hereafter entertain any action what- 
ever against officers or soldiers, or any other persons, 
for acts performed in accordance with orders from the 
military authorities, or by their sanction; and all such 
suits now pending, or in which costs have not been col- 
lected, will be at once dismissed. 

This order will be strictly enforced by post and de- 
tachment commanders in this military district, and such 
officers will make immediate report to these head- 
quarters of any judge or other civil authority who at- 
tempts to disobey this order. 

By command of Brevet Major General Pope. 

G. K. Sanderson, 

Captam 33d. U. S. Infantry and A. A. A. G. 



112 Confederate Records 

[General Orders No. 46.] 
Headquarters Third Military District, 
(Georgia, Alabama, and Florida.) 

Atlanta, Ga., August 3, 1867. 

I. Hereafter copies of all orders from these head- 
quarters relating to civil affairs, or notifying the ap- 
pointments to civil ollico in this military district, will be 
transmitted to post commanders, either direct or 
thron,2:h their district conmianders; and all post com- 
manders receiving copies of such orders are required 
to see that they are fully executed, and the appointees 
installed into office, giving such military assistance as 
may be necessary for the purpose. 

II. Post commanders will be held strictly respon- 
sible, within the limits of their jurisdiction, for the 
prompt and full execution of all orders thus transmitted 
to them, and of every other order emanating from these 
headquarters, of which they may not have received 
copies, but which are brought to their notice from other 
sources, and will, in every case, make a prompt report on 
their action and of the execution of such orders, to these 
headquarters, through their respective district com- 
manders. 

By command of Brevet Major General Pope. 

G. K. Sanderson, 

Captain 33d. U. S. Infantry and A. A. A. G. 



Reconstruction Orders and Correspondence 113 

Headquarters Army of the United States, 

Washington, D. C, August 3, 1867. 

Dear General: Your official letter on the subject of 
reconstruction in the third district, and your private 
letter accompanying it, are received, and I have read 
both with care. I think your views are sound, both in the 
construction which you give to the laws of Congress and 
the duties of the supporters of good government, to see 
that, when reconstruction is effected, that no loop-hole is 
left open to give trouble and embarrassment hereafter. 
It is certainly the duty of district commanders to study 
what the framers of the reconstruction laws wanted to 
express, as much as what they do express, and to execute 
the law according to that interpretation. This, I believe, 
they have generally done, and, so far, have the approval 
of all who approve the congressional plan of reconstruc- 
tion. 

Very truly yours, 

IT. S. Grant, General. 
Brevet Major General Jno. Pope, 

Comd'g Third Military District, Atlanta, Ga. 

Headquarters Army United States, 

Official copy : 

Geo. K. Leet, 
Assistant Adjutant General. 



114 C'ONFKUKUATK KeCORDS 

[Genei-Ml Orders No. 48.] 

Headquarters Third Military District, 

(Georgia, Al;il)ania, and Florida.) 

Atlanta, Ga., August 6, 1867. 

lu i^ursuauco of section 4 of the act* of Congress 
passed July 19, 18()7, district and post commanders will 
report to these headquarters, for the action of the com- 
manding general, the cases of all the State, county, and 
municipal olTicers who are disloyal to the government of 
the United States, or who use their official influence in 
any manner to hinder, delay, prevent, or obstruct the due 
and proper administration of the acts of Congress. 

By command of Brevet Major General Pope. 

G. K. Sanderson, 

Captain 33d . U. S. Infantry and) A. A. A. G. 



[General Orders No. 49.] 

Headquarters Third Military District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., August 12, 1867. 

I. The commanding general has l)ecome satisfied 
that the civil officers in this military district are only 
observing his order prohibiting them from "using any 
influence to deter or dissuade the people from recon- 
structing their State governments under the recent acts 
of Congress" so far as their own personal conversation 

•Page 176. 



Reconstruction Orders and Correspondence 115 

is concerned, and are at the same time by their official 
patronage supporting and encouraging newspapers 
which are, almost without exception, opposing recon- 
struction and obstructing and embarrassing civil officers 
appointed by the military authorities in this district in 
the performance of their duties by denunciation and 
threats of future penalties for their official acts. 

II. Such use of the patronage of their offices is 
simply an evasion (perhaps unintentional) of the pro- 
visions of the general order above referred to, and is in 
fact an employment of the machinery of the provisional 
State governments to defeat the execution of the recon- 
struction acts. 

III. It is therefore ordered that all advertisements 
or other official publications heretofore or to be hereafter 
provided for by State or municipal laws or ordinances be 
given by the proper civil officers whose duty it is to 
cause such publications to be made, to such newspapers, 
and such only, as have not opposed and do not oppose re- 
construction under the acts of Congress, nor attempt to 
obstruct in any manner the civil officers appointed by the 
military authorities in this district in the discharge of 
their duty by threats of violence or prosecution or other 
penalty as soon as the military protection is withdrawn, 
for acts performed in their official capacity. 

IV. All officers in this military district, and all offi- 
cers and agents of the Freedmen's Bureau, and all 
boards of registration or other persons in the employ- 
ment of the United States under its military jurisdiction, 
are directed to give prompt attention to the enforcement 
of this order, and to make immediate report to these 



116 Confederate Records 

headquarters of any civil oHiror who violates its pro- 
visions. 

By commaiKl of Uri'vct Major General Pope. 

(i. K. Sanderson, 

Captain 33(1. U. S. Infantrji and A. A. A. G. 



[Telegram.] 



[Received at War Department 4 p. m. Aug. 14, 1867, 
from Atlanta, Ga., Aug. 14, 1867.] 

Gener.vl U. S. Grant, Commanding Armies: 

Shall I publish the order requiring jurors in this dis- 
trict to take the test oath as by your instructions, or on 
my own authority? I had just made an order, but, for- 
tunately, not distributed it, to require jurors to be drawn 
from the list of registered voters. 

John Pope, Major General. 

Headquarters Army United States, 

Official copy: 

Geo. K. Leet, 

Assistant Adjutant General. 



Reconstruction Orders and Correspondence 117 
[Telegram.] 
Washington, August 14, 1867. 
Major General J. Pope, Atlanta, Ga. : 

Publish the jury order which you had prepared. The 
only object in distributing General Griffin 's order was to 
secure a jury system which will give protection to all 
classes. 

U. S. Grant, General. 

Headquarters Army United States, 

Official copy: 

Geo. K. Leet, 

Assistant Adjutant General. 



[General Orders No. 50.] 

Headquarters Third JVIilitary District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., August 15, 1867. 

In case of the removal of any duly registered voter 
from the precinct in which he is registered to any other 
part of the State, a certificate of his registration, signed 
by one of the members of the board which registered his 
name, will on application, be given to him. 

In case of his not obtaining or of losing such certifi- 
cate, an affidavit certified by any magistrate, or by any 
military officer of the United States in this district, 
that he is the man he represents himself to be, and that 



118 Confederate Records 

he was duly registered, designating precinct and county 
in which he was registered, will be evidence to the super- 
intendent of registration for the State that he is a duly 
qualified voter, and thereupon said superintendent shall 
issue to him a certificate to that effect. 

Either of the above described certificates will give 
such registered voter the right to vote at any election 
precinct in the State, and will be duly recognized by any 
manager or judge of election to whom it is presented. 

By command of Brevet Major General Pope. 

G. K. Sanderson, 

Captain 33d. U. S. Infa/ntry and A. A. A. G. 



[General Orders No. 53.] 

Headquarters Third Military District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., August 19, 1867. 

Grand and petit jurors and all other jurors for the 
trial of cases, ci\dl or criminal, or for the administration 
of law in the States of Georgia, Alabama, and Florida, 
will hereafter be taken exclusively from the lists of 
voters, without discrimination, registered by boards of 
registration, under the acts of Congress of the United 
States known as the reconstruction acts. 

Sheriffs, and all other officers whose duty it is to 
summon and empanel Jurors, will require each juror to 
make oath that he is duly registered as above indicated, 



Reconstruction Orders and Correspondence 119 

specifying precinct and county in which he was register- 
ed, which affidavit will be placed on the official files of 
the court. 

By command of Brevet Major General Pope, 

G. K. Sanderson, 

Captain 33d. U. S. Infantry and> A. A. A. G. 



[General Orders No. 55.] 

Headquarters Third Military District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., August 23, 1867. 

General Orders* No. 53 is not designed to require 
that the present juries already drawn in this district 
shall be set aside and new juries drawn and summoned, 
but, only in the case of juries already drawn and sum- 
moned, that the jurors shall be required to take the oatk 
specified in General Orders No. 53, and that jurors who 
cannot take that oath shall be replaced by such as can. 

Juries shall be hereafter listed, drawn, and summoned 
as required in that order. 

By command of Brevet Major General Pope. 

G. K. Sanderson, 

Captain 33d. U. 8. Infantry and A. A. A. G. 

Official: 

G. K. Sanderson, 

Captain 33d. U. S. Infa/titry and A. A. A. G. 

*Page 118. 



120 C'ONFEDERATE KeCORDS 

[General Orders No. 69.] 
Headquarters Third Military District, 
(Georgia, Alabama, and Florida.) 

Atlanta, Ga., Sept. 19, 1867. 

I. Whereas, by the terms of an* act of Congress 
entitled *'An act to provide for the more efficient gov- 
ernment of the rebel States," passed March 2, 1867, and 
the acts su]iplementary thereto, it is made the duty of 
the commanding general of this military district to 
cause a registration to be made of the male citizens of 
the State of Georgia, twenty-one years of age and up- 
wards, and by the terms of said acts qualified to vote, 
and after such registration is complete to order an elec- 
tion to be held, at which the registered voters of said 
State shall vote for or against a convention for the pur- 
pose of establishing a constitution and civil government 
for said State, loyal to the Union, and for delegates to 
said Convention ; and to give at least thirty days notice 
of the time and place at which the election shall be held; 
and the said registration having been made in the State 
of Georgia, it is ordered — 

II. That an election be held in the State of Georgia, 
commencing on Tuesday, the 29th day of October, 1867, 
and continuing three days, at which the registered voters 
of said State may vote "for a convention," or ** against 
a convention," and for delegates to constitute the con- 
vention, in case a majority of the votes given on that 
question shall be for a convention, and in case a majority 
of all such registered voters shall have voted on the 
question of holding such convention. 



•Pages 134; 162; 176. 



Reconstruction Orders and Correspondence 121 

III. It shall be the duty of the boards of registra- 
tion in Georgia, commencing 14 days prior to the election 
herein ordered, and giving reasonable public notice of 
the time and place thereof, to revise for a period of five 
days the registration lists, and upon being satisfied that 
any person not entitled thereto has been registered, to 
strike the name of such person from the list, and such 
person shall not be allowed to vote, the boards of regis- 
tration shall also, during the same period, add to such 
registry the names of all persons who at that time 
possess the qualifications required by said act, who have 
not been already registered. 

IV. In deciding who are to be stricken from or 
added to the registration lists, the boards will be guided 
by the law and the acts supplementary thereto ; and their 
attention is especially drawn to the supplementary act 
dated July 19, 1867. 

V. The said election shall be held in each county at 
the county seat, under the superintendence of the boards 
of registration as pro\"ided by law, and in accordance 
with instructions to be hereafter issued to said boards. 

VI. All judges and clerks employed in conducting 
said election shall, before commencing to hold the same, 
be sworn to the faithful performance of their duties, and 
shall also take and subscribe to the oath of office pre- 
scribed by law for officers of the United States. 

VII. The polls shall be opened at each voting place 
during the days specified, at 7 o'clock in the forenoon, 
and closed at 6 o'clock in the afternoon, and shall be kept 
open between those hours without intermission or ad- 
journment. 



122 Confederate Records 

VII T. T\\o fOTuniniidiiif): officer of the district of 
Geor<*-ia will issue, thron^^li the siiperintoTidoDt of regis- 
tration for tliat State, such detailed instmctions as may 
be necessary to the conduct of said election in confor- 
mity with the acts of C'ongress, and as far as may be with 
the laws of Georgia. 

IX. The returns required by hiw to be made of the 
results of said election to the commanding general of 
this military district will be rendered by the persons ap- 
pointed to superintend the same, through the command- 
ing oflicer of tlic district of Georgia, and in accordance 
with the detailed instructions already referred to. 

X. Xo registrar, who is a candidate for election as 
a delegate to the convention, shall serve as a judge of the 
election in any county which he seeks to represent. 

XI. All public bar-rooms, saloons, and other places 
for the sale of liquors at retail at the several county 
seats, shall be closed from 6 o'clock on the evening of the 
28th day of October until 6 o'clock on the morning of the 
first day of November, 1867. Ami the sheriff of the 
county shall be held res])onsible for the strict enforce- 
ment of this prohibition, by the arrest of all parties who 
may transgress the same. 

XII. The sheriff of each county is further required 
to be present at the place of voting during the whole time 
that the polls are kei)t open, and until the election is com- 
pleted, and is made responsible that no interference with 
the judges of election or other interruption of good order 
shall occur. And any sheriff or other civil officer failing 
to perform with energ}' and good faith the duty required 
of him by this order, will upon report made by the 



Reconstruction Orders and Correspondence 123 

judges of election, be arrested and dealt with by military 
authority. 

XIII. The following extracts from General Orders 
No. 20, from these headquarters are republished here- 
with, for the information and guidance of all concerned : 

"XII. Violence, or threats of violence, or any other 
oppressive means to prevent any person from registering 
his name or exercising his political rights, are positively 
prohibited; and it is distinctly announced that no con- 
tract or agreement with laborers, which deprives them of 
their wages for any longer time than that actually con- 
sumed in registering or voting, will be permitted to be 
enforced against them in this district; and this offence, 
or any previously mentioned in this paragraph, will 
cause the immediate arrest of the offender and his trial 
before a military commission. 

''XIII. The exercise of the right of every duly au- 
thorized voter, under the late acts of Congress, to regis- 
ter and vote is guarantefed by the military autliorities 
of this district; and all persons whomsoever are warned 
against any attempt to interfere to prevent any man 
from exercising this right under any pretext whatever, 
other than by objection by the usual legal mode." 

XIV. The State senatorial districts of Georgia, as 
established by State laws, being found convenient divis- 
ions of the State for the purposes of representation in 
a State convention, are hereby adopted, and the follow- 
ing apportionment of delegates among said districts is 
made in accordance with the provisions of the second 
section of the supplementary act dated March 23, 1867 : 



1'--+ Confederate Recoeds 

To tlu' 1st district — counties of Chatham, Bryan and 
Effinghiini, ci^lit (8) delegates . 

To the L'lKJ district — counties of Liberty, Tatnall, and 
Mcintosh, two (2) delegates. 

To the ."id district — counties of Wayne, Pierce, and 
Appling, one (1) delegate. 

To the 4tli district — counties of Glynn, Camden, and 
Charlton, one (1) de]et!:ate. 

To the 5th district — counties of Coffee, Ware, and 
Clinch, one (1) delegate. 

To the 6th district — counties of Echols, Lowndes, 
and Berrien, two ("J) delegates. 

To the 7th district — counties of Brooks, Thomas, and 
Colquitt, three (3) delegates. 

To the 8th district — counties of Decatur, Mitchell and 
Miller, three (3) delegates. 

To the 9th district — counties of Early, Calhoun, and 
Baker, three (3) delegates. 

To the loth district — counties of Lee, Dougherty, and 
Worth, four (4) delegates. 

To the 11 til district. — counties of Clay, Randolph, 
and Terrell, four (4) delegates. 

To the 12th district— counties of Stewart, Webster, 
and Quitman, three (3) delegates. 

To the 13th district — counties of Sumter, Schley, and 
Macon, five (5) delegates. 

To the 14th district — counties of Dooly, Wilcox, and 
Pulaski, four (4) delegates. 



Reconstruction Orders and Correspondence 125 

To the 15th district — counties of Montgomery, Tel- 
fair, and Irwin, one (1) delegate. 

To the 16tli district — counties of Laurens, Johnson, 
and Emanuel, two (2) delegates. 

To the 17th district — counties of Bullock, Screven 
and Burke, five (5) delegates. 

To the 18th district — counties of Richmond, Glas- 
cock, and Jefferson, seven (7) delegates. 

To the 19th district — counties of Taliaferro, War- 
ren, and Greene, five (5) delegates. 

To the 20th district — counties of Baldwin, Hancock, 
and Washington, six (6) delegates. 

To the 21st district— counties of Twiggs, Wilkinson, 
and Jones, four (4) delegates. 

To the 22d district — counties of Bibb, Monroe, and 
Pike, eight (8) delegates. 

To the 23d district— counties of Houston, Crawford, 
and Taylor, five (5) delegates. 

To the 24th district— counties of Marion, Chatta- 
hoochee, and Muscogee, five (5) delegates. 

To the 25th district — counties of Harris, Upson, and 
Talbot, five (5) delegates. 

To the 26th district— counties of Fayette, Spalding, 
and Butts, three (3) delegates. 

To the 27th district— counties of Newton, Walton, and 
Clarke, five (5) delegates. 

To the 28th district — counties of Jasper, Putnam, 
and Morgan, five (5) delegates. 



ll!(> Confederate Records 

To the 29th district— counties of Wilkes, Lincoln, 
and ( 'oluiiibia, live (5) delegates. 

To the 30tli district— counties of Oglethorpe, Madi- 
son, and Elbert, four (4) delegates. 

To the 31st district — counties of Hart, Franklin, and 
Habersham, three (3) delegates. 

To the 32d district — counties of White, Lumpkin, and 
Dawson, two (2) delegates. 

To the 33d district — counties of Hall, Banks, and 
Jackson, three (3) delegates. 

To the 34th district — counties of Gwinnett, DeKalb, 
and Henry, five (5) delegates. 

To the 35th district — counties of Clayton, Fulton, and 
Cobb, seven (7) delegates. 

To the 36th district — counties of Coweta, Campbell, 
and Meriwether, five (5) delegates. 

To the 37th district— counties of Troup, Heard, and 
Carroll, five (5) delegates. 

To the 38th district — counties of Haralson, Polk, and 
Paulding, three (3) delegates. 

To the 3!)th district — counties of Cherokee, Milton, 
and Forsyth, three (3) delegates. 

To the 40th districts — counties of Union, Towns, and 
Rabun, two (2) delegates. 

To the 41st district — counties of Fannin, Gilmer, and 
Pickens, two (2) delegates. 

To the 42d district — counties of Bartow, Floyd, and 
Chattooga, five (5) delegates. 



Reconstruction Orders and Correspondence 127 

To the 43d district — counties of Murray, Whitfield, 
and Gordon, three (3) delegates. 

To the 44th district — counties of Walker, Dade, and 
Catoosa, two (2) delegates. 



[Telegram.] 

Washington, September 25, 1867. 

Major General, J. Pope, Atlanta, Ga. : 

Does Order 69 contemplate that all voting in Geor- 
gia shall be done at county seats'? It would seem to be 
advisable to open the polls at as many points as possible, 
both to insure quiet and full returns. 

U. S. Grant, General. 

Headquarters Army United States, 

Official copy: 

Geo. K. Leet, 

Assistant Adjutant General. 



128 Confederate Records 

[Telegram.] 

[Received at "War Dejjartment September 26, 1867, 
from Atlanta, Ga., September 26, 1867.] 

General U. S. Grant, 

Comma/nding Armies United States: 

I have to-day mailed a letter to you, giving my 
reasons for the provisions of the election order in Geor- 
gia. There will be time enough a week hence to alter the 
order, if you think it desirable after reading my letter. 

Jno. Pope, Major General. 

Headquarters Army United States. 

Official copy: 

Geo. K. Leet, 

Assistant Adjutant General. 



[Special Orders No. 196.] 

Headquarters Third Military District, 

Atlanta, Ga., October 4, 1867. 

In cases where the boards of registration in the 
States of Georgia, Alabama, and Florida find that diffi- 
culty of communication with the county seats, or other 
causes, may prevent a full vote in some counties on the 
question of a convention and election of delegates 
thereto, they will designate two or more voting precincts 
in each of such counties, and will appoint the necessary 
managers of election for such precincts, being careful to 



Reconstruction Orders and Correspondence 129 

give due public notice to the people at least seven days 
previous to the election. 

The days for conducting the election at such pre- 
cincts shall be the same as those designated for the elec- 
tion in those States. 

The managers of election appointed under this order 
will take the same oath and receive the same compen- 
sation as other managers of election. 

By command of Brevet Major General Pope. 

H. Clay Wood, 
Assistant xidjutant General. 



[Special Orders No. 203.] 

Headquarters Third Military District, 

Atlanta, Ga., October 12, 1867. 

I. Brevet Brigadier General William McK. Dmrn, 
United States army, will proceed immediately to Savan-. 
nah, Georgia, and assume command of the military forces 
at that post, with full authority to take any and all such 
measures as he may deem necessary to preserve the 
peace and quiet of the city, until any excitement occas- 
ioned by the public meeting to assemble there on the 
14tli instant has subsided. Upon the completion of this 
duty General Dunn will return to his station in this 
city. 

By command of Brevet Major General Pope. 

H. Clay Wood, 
Assistant Adjutant General. 



130 Confederate Records 

Washington, 1). C, October, 1867. 

Andrew Johnson, President of the United States, re- 
fers letter of Hon. Charles J. Jenkins, of Georgia, dated 
October 18, 1867, relative to apportionment of delegates 
to counties, instead of senatorial districts, in State of 
Georgia. 



[Indorsement.] 
Headquarters United States Army. 
October 24, 1867. 

Respectfully returned to the President of the United 
States. It seems to me it would have been better to have 
apportioned delegates to counties instead of senatorial 
districts in the State of Georgia, but in view of the near- 
ness of the election in that State (on the 29th instant) I 
do not see how the matter can be corrected now. I have, 
however, sent the following dispatch to General Pope: 

''Major General John Pope, 

*■ Atlanta, Georgia: 

"Should not delegates to convention in Georgia be 
chosen by counties instead of by senatorial districts, to 
comply fully with the law? Could not a change be made 
in your election order in time for election in that State!'* 

U. S. Grant, General. 

Headquarters Army United States. 

Official copy: 

Geo. K. Leet, 

Assistant Adjutant General. 



Reconstruction Orders and Correspondence 131 

[Telegram received at War Department October 25, 
1867.] 

Atlanta, Georgia, October 25, 1867. 

General U. S. Grant : 

If you will examine the returns of registration sent 
you for Georgia you will see that the apportionments 
cannot be made by counties without giving very unequal 
representation. The counties are small and numerous, 
and in many cases two (2) or three (3) would have to be 
united to make voters enough for one (1) delegate. 
Please try and make the apportionment by counties, and 
you will see that it is not practicable. I tried it for 
two (2) days. The districts are precisely as they were 
established by State laws, and on examination you will 
find that the apportionment is based precisely in voters, 
and is in all respects the fairest that could be made on, 
the basis of registered voters. It is too late now to 
change, and certainly no man in Georgia can complain 
because I have taken the districts established by State 
laws. I wrote you fully on the subject day before yester- 
day. My purpose was to make as little change as pos- 
sible in local divisions in the State known and recognized 
by State laws. You will receive my letter tomorrow. I 
send today a map of Georgia, with number of registered 
voters for each county written on face of county. Please 
see if it be possible to make fairer apportionment than 
we have done. 

John Pope, 
Brevet Major General. 
Headquarters Army United States. 

Official copy: 

Geo. K. Leet, 
Assistant Adjutant General. 



132 Confederate Eecords 

[Telegram received at War Department October 28, 
1867—3 p. m.] 

Atlanta, Georgia, October 28, 1867. 

General U. S. Grant : 

Since I have read the petition of Governor Jenkins I 
have written yon a full and detailed report of the ap- 
portionment in this State. Letter mailed today, and I 
request that it be considered my official answer. 

John Pope, 

Brevet Major General. 

Headquarters Army United States. 

Official copy: 

Geo. K. Leet, 

Assistant Adjutant General. 



[General Orders Xo. 83.] 

Headquarters Third Military District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., October 30, 1867. 

It appearing from representations made from many 
parts of the State of Georgia since the commencement 
of the election that, on account of the delay occasioned 
in voting under the registration, there is a probability 
that a large number of voters will be deprived of the op- 
portunity of casting their votes within the three days 
designated for that purpose, in order that there may be 



Eeconstruction Orders and Correspondence 133 

ample time for all registered voters to cast their votes, 
the boards of registration are hereby directed to cause 
the polls to be kept open until 6 o 'clock p. m. of Saturday, 
November 2, 1867. Of this extension of time the boards 
will give immediate and general notice throughout their 
respective districts. 

John Pope, 

Brevet Major General, CommoMding. 



[General Orders No. 84.] 

Headquarters Third Military District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., October 31, 1867. 

Tn consequence of the extension of the time of elec- 
tion in the State of Georgia, in accordance with *General 
Orders No. 83, current series, the provisions of fGeneral 
Orders No. 69, current series, from these headquarters in 
reference to the duties required of sheriffs, and to the 
closing of bar rooms and all places for the sale of liquors 
by retail, are continued until 6 o'clock on the morning 
of the 3d of November. 

By command of Brevet Major General Pope. 

G. K. Sanderson, 

Captain 33d. U. S. Infantry, A. A. A. G. 



^Page 132. tPage 120. 



134 Confederate Records 

An Act to provide for the more efficient Government 
of the Rebel States. 

Preamble : 

Whereas no legal State governments or adequate 
protection for life or property now exists in the rebel 
States of Virginia, North Carolina, South Carolina, 
Georgia, Mississippi, Alabama, Louisiana, Florida, 
Texas, and Arkansas; and whereas it is necessary that 
peace and good order should be enforced in said States 
until loyal and republican State governments can be 
legally established: Therefore, 

Be it enacted by the Senate and the House of Repre- 
sentatives of the United States in Congress assembled, 
That said rebel States shall be divided into military dis- 
tricts and made subject to the military authority of the 
United States as hereinafter prescribed, and for that 
purpose Virginia shall constitute the first district; 
North Carolina and South Carolina the second district; 
Georgia, Alabama, and Florida the third district; Miss- 
issippi and Arkansas the fourth district; and Louisiana 
and Texas the fifth district. 

Section 2. And be it further enacted, That it shall 
be the duty of the President to assign to the command 
of each of said districts an ofi&cer of the army, not below 
the rank of Brigadier-General, and to detail a sufficient 
military force to enable such officer to perform his. duties 
and enforce his authority within the district to which he 
is assigned. 

Section 3. And be it further enacted. That it shall 
be the duty of each officer assigned as aforesaid, to pro- 
tect all persons in their rights of person and property, 



Reconstruction Acts — Peesident's Vetoes 135 

to suppress insurrection, disorder, and violence, and to 
punish, or cause to be punished, all disturbers of the 
public peace and criminals ; and to this end he may allow 
local civil tribunals to take jurisdiction of and to try 
otfenders, or, when in his judgment it may be necessary 
for the trinl of offenders, he shall have j^ower to organ- 
ize military commissions or tribunals for that purpose, 
and all interference under color of State authority un- 
der this act, shall be null and void. 

Section 4. And be it further enacted. That all per- 
sons put under military arrest by virtue of this act shall 
be tried without unnecessary delay, and no cruel or un- 
usual punishment shall be inflicted, and no sentence of any 
military commission or tribunal hereby authorized, af- 
fecting the life or liberty of any person, shall be executed 
until it is approved by the officer in command of the 
district, and the laws and regulations for the government 
of the army shall not be affected by this act, except in so 
far as they conflict with its provisions: Provided, That 
no sentence of death under the provisions of this act shall 
be carried into effect without the approval of the Presi- 
dent. 

Section 5. And be it further enacted. That when 
the people of any one of said rebel States shall have 
formed a constitution of government in conformity with 
the Constitution of the United States in all respects, 
framed by a convention of delegates elected by the male 
citizens of said State, twenty-one years old and upward, 
of whatever race, color, or previous condition, who have 
been residents in said State for one year previous to 
tlie day of such election, except such as may be disfran- 
chised for participation in the rebellion or for felony at 



loG Confederate Records 

common law, and when such constitution shall pro\dde 
that the elective franchise shall be enjoyed by all such 
persons as have the qualifications herein stated for elect- 
ox's of delegates, and when such Constitution shall be rati- 
fied by a majority of the persons voting on the question 
of ratification who are qualified as electors for delegates, 
and when such Constitution shall have been submitted to 
Congress for examination and approval, and Congress 
shall have approved the same, and when said State, by a 
vote of its Legislature elected under said Constitution, 
shall have adopted the amendment to the Constitution of 
the United States, proposed by the Thirty-ninth Con- 
gress, and known as article fourteen ,and when said 
article shall have become a part of the Constitution of 
the United States, said State shall be declared entitled to 
representation in Congress, and Senators and Represen- 
tatives shall be admitted there from on their taking the 
oath prescribed by law, and then and thereafter the pre- 
ceding sections of this act shall be inoperative in said 
State: Provided, That no person excluded from the 
privilege of holding office by said proposed amendment 
to the Constitution of the United States, shall be eligible 
to election as a member of the convention to frame a 
Constitution for any of said rebel States, nor shall any 
such person vote for members of such convention. 

Section 6, And be it further enacted, That, until 
the people of said rebel States shall be by law admitted 
to representation in the Congress of the United States, 
any civil governments which may exist therein shall l^e 
deemed provisional only, and in all respects subject to 
the paramount authority of the United States at any time 
to abolish, modify, control, or supersede the same; an(l 



Reconstruction Acts — Peesident's Vetoes 137 

in all elections to any office under such provisional gov- 
ernments all persons shall be entitled to vote, and none 
others, who are entitled to vote, under the provisions of 
the fifth section of this act; and no person shall he 
eligible to any office under any such provisional govern- 
ments who would be disqualified from holding office un- 
der the provisions of the third article of said Constitu- 
tional amendment. 

Schuyler Colfax, 

Speaker of the House of Representatives, 

LaFayette S. Foster, 
President of the Senate, Pro tempore. 



Washington, March 2, 1867. 

To the House of Representatives : 

I have examined the bill "to provide for the more ef- 
ficient government of the rebel States" with the care and 
anxiety which its transcendent importance is calculated 
to awaken. I am unable to give it my assent, for reasons 
so grave that I hope a statement of them may have some 
influence on the minds of the patriotic and enlightened 
men with whom the decision must ultimately rest. 

The bill places all the people of the ten States therein 
named under the absolute domination of military rules'; 
and the preamble undertakes to give the reason upon 
which the measure is based and the ground upon which 
it is justified. It declares that there exists in those 
States no legal governments and no adequate protection 



138 Confederate Records 

I'ov life or projjerty, and asserts tlif^ necessity of enforc- 
ing peace and good order within their limits. Is this true 
as matter of fact? 

It is not denied that the States in question liave each 
of them an actual government, with all the powers — 
Executive, Judicial, and Legislative — which properly be- 
long to a free State. They are organized like the other 
States of the Union, and, like them, they make, adminis-, 
ter and execute the laws which concern their domestic 
affairs. An existing de facto government, exercising 
such functions as these, is itself the law of the State 
u])on all matters within its jurisdiction. To pronounce 
the supreme law-making power of an established State 
illegal is to say that law itself is unlawful. 

The provisions which these governments have made 
for the preservation of order, the suppression of crimt, 
and the redress of private injuries are in substance and 
principle the same as those which prevail in the North- 
em States and in other civilized countries. They cer- 
tainly have not succeeded in preventing the commission 
of all crime, nor has this been accomplished anywhere in 
the world. There, as well as elsewhere, offenders some- 
times escape for want of vigorous prosecution, and oc- 
casionally, perhaps, by the inefficiency of courts or the 
prejudice of jurors. It is undoubtedly true that these 
evils have been much increased and aggrevated, North 
and South, by the demoralizing influences of civil war 
and by the rancorous passions which the contest has en- 
gendered. But that these people are maintaining local 
governments for themselves which habitually defeat the 
object of all government and render their own lives and 
property insecure is in itself utterly improbable, and the 



Reconstruction Acts — President's Vetoes 139 

averment of the bill to that effect is not supported by any 
evidence which has come to my knowledge. All the in- 
formation I have on the subject convinces me that the 
masses of the Southern people and those who control 
their public acts, while they entertain diverse opinions 
on questions of Federal policy, are completely united m 
the effort to reorganize their society on the basis of peace 
and to restore their mutual prosperity as rapidly and 
as completely as their circumstances will permit. 

The bill, however, would seem to show upon its face 
that the establishment of peace and good order is not 
its real object. The fifth section declares that the pre- 
ceding sections shall cease to operate in any State where 
certain events shall have happened. These events are 
first, the selection of delegates to a State convention by 
an election at which negroes shall be allowed to vote; 
second, the formation of a State Constitution by the 
Oonvention so chosen ; third, the insertion into the State 
Constitution of a provision which will secure the right of 
voting at all elections to negroes and to such white men 
as may not be disfranchised for rebellion or felony; 
fourth, the submission of the Constitution for ratifica- 
tion to negroes and white men not disfranchised, and 
its actual ratification by their vote ; fifth, the submission 
of the State Constitution to Congress for examination 
and approval, and the actual approval of it by that body ; 
sixth, the adoption of a certain amendment to the Fed- 
eral Constitution by a vote of the Legislature elected 
under the new Constitution ; seventh, the adoption of said 
amendment by a sufficient number of other States to 
make it a part of the Constitution of the United States. 
All these conditions must be fulfilled before the people 



141) Confederate Records 

of any of tlicsc Slates can Itc relieved from the bondage 
of iiiilitarv (ioniiiiation ; l)ut when tliey ai'e t'uHilled, then 
immediately the |)ains and penalties of the bill are to 
cease, no matter whetlier there be peace and order or not, 
and without any reference to the security of life or j)rop- 
erty. The excuse given for the bill in the preamble is 
admitted by the bill itself not to be real. The military 
rule which it establishes is plainly to be used, not for any 
})urpose or order or for tlie prevention of crime, but 
solely as a means of coercing the people into the adop- 
tion of i)rincii)les an<l measures to which it is known that 
they are opjiosed, and u|)on which they liave an unde- 
nial)le right to exercise their own judgment. 

1 submit to Congress whether this measure is not in 
its whole character, sco]:>e, and object without precedent 
and without authority, in palpable conflict with the plain- 
est provisions of the Constitution, and utterly destruc- 
tive to those great ]irinciples of liberty and humanity 
for which our ancestors on both sides of the Atlantic 
have shed so much blood and expended so much treasure. 

Tlie ten States named in the bill are divided into 
five districts. For each district an oflficer of the army, 
not below the rank of a brigadier general, is to be ap- 
pointed to rule over the people; and he is to be sup- 
ported with an efficient military force to enable him 
to perform his duties and enforce his authority. Those 
duties and that authority, as defined by the third section 
of the bill, are "to protect all persons in their rights 
of person and property, to suppress insurrection, dis- 
order, and Wolence, and to punish or cause to be pun- 
ished all disturbers of the public peace or criminals." 
The power thus given to the commanding officer over 



Reconstruction Acts — President's Vetoes 141 

all the people of each district is that of an absolute 
monarch. His mere will is to take the place of all law. 
The law of the States is now the only rule applicable 
to the subjects placed under his control, and that is com- 
pletely displaced by the clause which declares all inter- 
ference of State authority to be null and void. He alone 
is permitted to determine what are rights of person or 
propert}^, and he may protect them in such way as in his 
discretion may seem proper. It places at his free dis- 
posal all the lands and goods in his district, and he may 
distribute them without let or hindrance to whom he 
pleases. Being bound by no State law, and there being 
no other law to regulate the subject, he may make a 
criminal code of his own; and he can make it as bloody 
as any recorded in history, and he can reserve the privi- 
lege of acting upon the impulse of his private passions 
in each case that arises. He is bound by no rules of evi- 
dence; there is, indeed, no provision by which he is 
authorized or required to take any evidence at all. 
Everything is a crime which he chooses to call so, and all 
persons are condemned whom he pronounces to be guilty. 
He is not bound to keep any record or make any report 
of his proceedings. He may arrest his victims wherever 
he finds them, without warrant, accusation, or proof of 
probable cause. If he gives them a trial before he in- 
flicts the punishment, he gives it of his grace and mercy, 
not because he is commanded so to do. 

To a casual reader of the bill it might seem that some 
kind of trial was secured by it to persons accused of 
crime, but such is not the case. The officer "may allow 
local civil tribunals to try offenders," but of course this 
does not require that he shall do so. If any State or 



142 Confederate Records 

Federal court presumes to exercise its legal jurisdiction 
by the trial of a malefactor without his special permis- 
sion, he can break it up and punish the judges and jurors 
as being themselves malefactors. He can save his 
friends from justice, and despoil his enemies contrary 
to justice. 

It is also provided that *'he shall have power to or- 
ganize military commissions or tribunals;" but this 
power he is not commanded to exercise. It is merely 
permissive, and is to be used only ''when in his judg- 
ment it may be necessary for the trial of offenders." 
Even if the sentence of a commission were made a pre- 
requisite to the punishment of a party, it would 
be scarcely the slightest check upon the officer, who has 
authority to organize it as he pleases, prescribe its mode 
of proceeding, appoint its members from its own sub- 
ordinates, and revise all its decisions. Instead of miti- 
gating the harshness of his single rule, such a tribunal 
would be used much more probably to divide the respon- 
sibility of making it more cruel and unjust. 

Several pro\nsions dictated by the humanity of Con- 
gress have been inserted in the bill, apparently to re- 
strain the power of the commanding officer; but it seems 
to me that they are of no avail for that purpose. The 
fourth section provides: First, That trials shall not be 
unnecessarily delayed; but I think I have shown that the 
power is given to punish without trial; and if so, this 
provision is practically inoperative. Second, cruel or 
unusual punishment is not to be inflicted ; but who is to 
decide what is cruel and what is unusual? The words 
have acquired a legal meaning by long use in the courts. 
Can it be expected that military officers will understand 



Reconstruction Acts — President's Vetoes 143 

or follow a rule expressed in language so purely techni- 
cal and not pertaining in the least degree to their pro- 
fession? If not, then each officer may define cruelty ac- 
cording to his own temper, and if it is not usual he will 
make it usual. Corporal punishment, imprisonment, 
the gag, the ball and chain, and all the almost insupport- 
able forms of torture invented for military punishment 
lie within the range of choice. Third, the sentence of a 
commission is not to be executed without being approved 
by the commander, if it affects life or liberty, and a sen- 
tence of death must be approved by the President. This 
applies to cases in which there has been a trial and sen- 
tence. I take it to be clear, imder this bill, that the mili- 
tary commander may condemn to death without even the 
form of a trial by a miUtary commission, so that the 
life of the condemned may depend upon the will of two 
men instead of one. 

It is plain that the authority here given to the mili- 
tary officer amounts to absolute despotism. But to make 
it still more unendurable, the bill provides that it may 
be delegated to as many subordinates as he chooses to 
appoint, for it declares that he shall "punish or cause 
to be punished. ' ' Such a power has not been wielded by 
any monarch in England for more than five hundred 
years. In all that time no people who speak the Eng- 
lish langnage have borne such servitude. It reduces the 
whole population of the ten States — all persons, of every 
color, sex, and condition, and every stranger within their 
limits — to the most abject and degrading slavery. No 
master ever had a control so absolute over the slaves as 
this bill gives to the military officers over both white and 
colored persons. 



144 Confederate Records 

It may be answered to this that the oflficers of the 
army are too map:nanimous, just, and humane to oppress 
and trample upon a subjugated people. I do not doubt 
that army officers are as well entitled to this kind of con- 
fidence as any other class of men. But the history of 
the world has been written in vain if it does not teach us 
that unrestrained authority can never be safely trusted 
in human hands. It is almost sure to be more or less 
abused under any circumstances, and it has always re- 
sulted in gross tyranny where the rulers who exercise 
it are strangers to their subjects' and come among them 
as the representatives of a distant power, and more es- 
pecially when the power that sends them is unfriendly. 
Grovernments closely resembling that here proposed have 
been fairly tried in Hungary and Poland, and the suffer- 
ing endured by those people roused the sympathies of 
the entire world. It was tried in Ireland, and, though 
tempered at first by principles of English law, it gave 
birth to cruelties so atrocious that they are never re- 
counted without just indignation. The French Conven- 
tion armed its deputies with this power and sent them 
to the Southern departments of the Republic. The mas- 
sacres, murders, and other atrocities which they com- 
mitted show what the passions of the ablest men in the 
most civilized society will tempt them to do when wholly 
unrestrained by law. 

The men of our race in every age have struggled to 
tie up the hands of their governments and keep them 
within the law, because their own experience of all man- 
kind taught them that rulers could not be relied on to 
concede those rights which they were not legally bound 
to respect. The head of a great empire has sometimes 



Reconstruction Acts — President's Vetoes 145 

governed it with a mild and paternal sway, but the kind- 
ness of an irresponsible deputy never yields what the 
law does not extort from him. Between such a master 
and the people subjected to his domination there can be 
nothing but enmity; he punishes them if they resist hia 
authority, and if they submit to it he hates them for their 
servility, 

I come now to a question which is, if possible, still 
more important. Have we the power to establish and 
carry into execution a measure like this ? I answer, cer- 
tainly not, if we derive our authority from the Constitu- 
tion and if we are bound by the limitations which it 
imposes. 

This proposition is perfectly clear, that no branch of 
the Federal government — executive, legislative, or judi- 
cial — can have any just powers except those which it 
derives through and exercises under the organic law of 
the Union. Outside of the Constitution we have no legal 
authority more than private citizens, and within it we 
have only so much as that instrument gives us. This 
broad principle limits all our functions and applies to 
all subjects. It protects not only the citizens of States 
which are within the Union, but it shields every human 
being who comes or is brought under our jurisdiction. 
We have no right to do in one place more than in another 
that which the Constitution says we shall not do at all. 
If, therefore, the Southern States were in truth out of 
the Union, we could not treat their people in a way which 
the fundamental law forbids. 

Some persons assume that the success' of our arms 
in crushing the opposition which was made in some of 
the States to the execution of the Federal laws reduced 



14() Confederate Records 

those States and all their people — the innocent as well 
as the guilty — to the condition of vassalage and gave us 
a power over them which the Constitution does not be- 
stow or define or limit. No fallacy can be more trans- 
parent than this. Our victories subjected the insurgents 
to legal obedience, not to the yoke of an arbitrary des- 
potism. When an absolute sovereign reduces his rebel- 
lious subjects, he may deal with them according to his 
pleasure, because he had that power before. But when 
a limited monarch puts down an insurrection, he must 
still govern according to law. If an insurrection should 
take place in one of our States against the authority of 
the State government and end in the overthrow of those 
who planned it, would that take away the rights of all 
the people of the counties where it was favored by a 
part or a majority of the jiopulationf Could they for 
such a reason be wholly outlawed and deprived of their 
representation in the legislature? I have always con- 
tended that the government of the United States was; 
sovereign within its constitutional sphere; that it exe- 
cuted its laws, like the States themselves, by appljdng 
its coercive power directly to individuals, and that it 
could put do^vTi insurrection with the same effect as a 
State and no other. The opposite doctrine is the worst 
heresy of those who advocated secession, and cannot he 
agreed to without admitting that heresy to be right. 

Invasion, insurrection, rebellion, and domestic vio- 
lence were anticipated when the government was framed, 
and the means of repelling and suppr^sing them were 
wisely provided for in the Constitution; but it was not 
thought necessaiy to declare that the States in which 
they might occur should be expelled from the Union. 



Reconstruction Acts — President's Vetoes 147 

Rebellions, whicli were invariably suppressed, occurred 
prior to that out of which, these questions grow ; but the 
States continued to exist and the Union remained un- 
broken. In Massachusetts, in Pennsylvania, in Rhode 
Island, and in New York, at dilTerent periods in our 
history; violent and armed opposition to the United 
States was carried on; but the relations of those States 
with the Federal government were not supposed to be 
interrupted or changed thereby after the rebellious por- 
tions of their population were defeated and put down. 
It is true that in these earlier cases there was no formal 
expression of a determination to withdraw from the 
Union, but it is also true that in the Southern States the 
ordinances of secession were treated by all the friends 
of the Union as mere nullities and are now acknowledged 
to be so by the States themselves. If we admit that they 
had any force or validity or that they did not in fact 
take the States in which they were passed out of the 
Union, we sweep from under our feet all the grounds 
upon which we stand in justifying the use of Federal 
force to maintain the integrity of the government. , 

This is a bill passed by Congress in time of peace. 
There is not in any one of the States brought under its 
operation either war or insurrection. The laws of the 
States and of the Federal government are all in undis- 
turbed and harmonious operation. The courts. State 
and Federal, are open and in the full exercise of their 
proper authority. Over every State comprised in these 
five military districts, life, liberty, and property are 
secured by State laws and Federal laws, and the National 
Constitution is everywhere in force and everywhere 
obeyed. What, then, is the ground on which this bill 



148 Confederate Records 

proceeds? Tlie title ol" tlie bill aunouuces that it is in- 
tended "for the more efficient government" of these ten 
States. It is recited by way of ])reamble that no legal 
State governments "nor adequate protection for life or 
property" exist in those States, and that peace and good 
order should l)e thus enforced. The first thing which 
arrests attention upon these recitals, which prepare the 
way for martial law, is this, that the only foundation 
upon which martial law can exist under our form of gov- 
ernment is not stated or so much as pretended. Actual 
war, foreign invasion, domestic insurrection— none of 
these appear; and none of these, in fact, exist. It is not 
even recited that any sort of war or insurrection is 
threatened. Let us pause here to consider, upon this 
question of constitutional law and the power of Con- 
gress, a recent decision of the Supreme Court of the 
United States in ex parte Milligan. 

I will first quote from the opinion of the majority of 
the court: 

"Martial law can not arise from a threatened in- 
vasion. The necessity must be actual and present, the 
invasion real, such as effectually closes the courts and 
deposes the civil administration." 

We see tliat martial law comes in only when actual 
war closes the courts and deposes the civil authority; 
but this bill, in time of peace, makes martial law operate 
as though we were in actual war, and becomes the cause 
instead of the consequence of the abrogation of civil au- 
thority. One more quotation : 

"It follows from what has been said on this subject 
that there are occasions when martial law can be prop- 



Recoxstructton Acts — President's Vetoes 149 

eiiy applied. If in foreign invasion or civil war the 
courts are actually closed, and it is impossible to admin- 
ister criminal justice according to law, then, on the thea- 
ter of active military operations, where war really pre- 
vails, there is a necessity to furnish a substitute for the 
civil authority thus overthrown, to preserve the safety 
of the army and society, and as no power is left but the 
military, it is allowed to govern by martial rule until 
the laws can have their free course." 

I now quote from the opinion of the minority of the 
court, delivered by Chief Justice Chase : 

''We by no means assert that Congress can establish 
and apply the laws of war where no war has been de- 
clared or exists. Where peace exists, the laws of peace 
must prevail." 

This is sufficiently explicit. Peace exists in all the 
territory to which this bill applies. It asserts a power 
in Congress, in time of peace, to set aside the laws of 
peace and to substitute the laws of war. The minority, 
concurring with the majority, declares that Congress 
does not possess that power. Again, and, if possible, 
more emphatically, the Chief Justice, with remarkable 
clearness and condensation, sums up the whole matter 
as follows : 

''There are under the Constitution three kinds of 
military jurisdiction — one to be exercised both in peace 
and war ; another to be exercised in time of foreign war 
without the boundaries of the United States, or in time 
of rebellion and civil war within States or districts occu- 
pied by rebels treated as belligerants ; and a third to be 
exercised in time of invasion or insurrection within the 



150 Confederate Records 

limits of the Unit<?d States, or during rebellion within 
the limits of the States maintaining adhesion to the Na- 
tional Government, when the public danger requires its 
exercise. The first of these may be called jurisdiction 
under military law, and is found in acts of Congress pre- 
scribing rules and articles of war or otherwise pro^'iding 
for the government of the national forces; the second 
may be distinguished as military government, supersed- 
ing, as far as may be deemed expedient the local law,, 
and exercised by the military commander imder the 
direction of the President, with the express or implied 
sanction of Congress; while the third may be denomi- 
nated martial law proper, and is called into action by 
Congress, or temporarily, when the action of Congress 
can not be invited, and in the case of justifying or excus- 
ing peril, by the President, in times of insurrection or 
invasion or of civil or foreign war, within districts or 
localities where ordinary law no longer adequately se- 
cures public safety and private rights." 

It will be observed that of the three kinds of military 
jurisdiction which can be exercised or created under our. 
Constitution, there is but one that can prevail in time 
of peace, and that is the code of laws enacted by Con- 
gress for the government of the national forces. That 
body of military law has no application to the citizen, 
nor even to the citizen soldier enrolled in the militia m 
time of peace. But this bill is not a part of that sort 
of miltary law, for that applies only to the soldier and 
not to the citizen, whilst, contrariwise, the military law 
pro^Tided by this bill applies only to the citizen and not 
to the soldier. I need not say to the representatives of 
the American people that their Constitution forbids the 



Reconstruction Acts — President's Vetoes 151 

exercise of judicial power in any way but one — ^that is, 
by the ordained and established courts. It is equally well 
known that in all criminal cases a trial by jury is made 
indispensable by the express words of that instrument. 
I Vv-ill not enlarge on the inestimable value of the right 
thus secured to every freeman or speak of the danger 
to public liberty in all parts of the country which must 
ensue from a denial of it anywhere or upon any pre- 
tense. A very recent decision of the Supreme Court 
has traced the history, vindicated the dignity, and made 
known the value of this great privilege so clearly that 
nothing more is needed. To what extent a violation of 
it might be excused in time of war or public danger may 
admit of discussion, but we are providing now for a 
time of profound peace, when there is not an armed 
soldier within our borders except those who are in the 
service of the government. It is in such a condition of 
things that an act of Congress is proposed which, if 
carried out, would deny a trial by the lawful courts and 
juries to 9,000,000 American citizens and to their poster- 
ity for an indefinite period. It seems to be scarcely pos- 
sible that anyone should seriously believe this consist- 
ent with a Constitution which declares in simple, plain, 
and unambiguous language that all persons shall have 
the right and that no person shall ever, in any case, be 
deprived of it. The Constitution also forbids the arrest 
of the citizen without judicial warrant, founded upon 
probable cause. This authorizes an arrest without 
warrant, at the pleasure of a military commander. The 
Constitution declares that "no person shall be held to 
answer for a capital or otherwise infamous crime unless 
on presentment by a grand jury." This bill holds every 
person not a soldier answerable for all crimes and all 



152 Confederate Records 

charges without any presentment. The Constitution de- 
clares that "no person shall be deprived of life, liberty, 
or property without due process of law." This ibill 
sets aside all process of law, and makes the citizen 
answerable in his person and property to the will of one 
man, and as to his life to the will of two. Finally, the 
Constitution declares that "the privilege of the writ of 
habeas corpus shall not be suspended unless when, m 
case of rebellion or invasion, the public safety may re- 
quire it;" whereas this bill declares martial law (which 
of itself suspends this great writ) in time of peace, and 
authorizes the military to make the arrest, and gives to 
the prisoner only one privilege, and that is a trial "with- 
out unnecessary delay." He has no hope of release 
from custody, except the hope, such as it is, of release 
by acquittal before the military commission. 

The United States are bound to guarantee to each 
State a republican form of government. Can it be pre- 
tended that this obligation is not palpably broken if we 
carry out a measure like this, which wipes away every 
vestage of republican government in ten States and puts 
the life, property, liberty, and honor of all the people 
in each of them under the denomination of a single per- 
son clothed with unlimited authority? 

The Parliament of England, exercising the omnipo- 
tent power which it claimed, was accustomed to pass bills 
of attainder; that is to say, it would convict men of 
treason and other crimes by legislative enactment. The 
person accused had a hearing, sometimes a patient and 
fair one, but generally party prejudice prevailed instead 
of justice. It often became necessary for Parliament to 
asknowledge its error and reverse its own action. The 



Reconstruction Acts — President's Vetoes 153 

fathers of our country determined that no such thing 
should occur here. They withheld the power from Con- 
gress, and thus forbade its exercise by that body, and 
they provided in the Constitution that no State should 
pass any bill of attainder. It is therefore impossible 
for any person in this country to be constitutionally con- 
victed or punished for any crime by a legislative pro- 
ceeding of any sort. Nevertherless, here is a bill of 
attainder against 9,000,000 people at once. It is based 
upon an accusation so vague as to be scarcely intelUgible 
and found to be true upon no credible evidence. Not one 
of the 9,000,000 was heard in his own defense. The rep- 
resentatives of the doomed parties were excluded from 
all participation in the trial. The conviction is to be 
followed by the most ignominious punishment ever in- 
flicted on large masses of men. It disfranchises them 
by hundreds of thousands and degrades them all, even 
those who are admitted to be guiltless, from the rank 
of freemen to the condition of slaves. 

The purpose and object of the bill — the general intent 
which prevades it from beginning to end — is to change 
the entire structure and character of the State govern- 
ments and to compel them by force to accept the adop- 
tion of organic laws and regulations which they are un- 
willing to accept if left to themselves. The negroes have 
not asked for the privilege of voting; the vast majority 
of them have no idea what it means. This bill not only 
thrusts it into their hands, but compels them, as well as 
the whites, to use it in a particular way. If they do not 
form a constitution with prescribed articles in it and 
afterwards elect a legislature which will act upon certain 
measures in a prescribed way, neither blacks nor whites 



154 Confederate Recoeds 

can be relieved from the slavery which the bill imposes 
upon tlioni. Without i)ausing here to consider the policy 
or im})olic'y of Africanizing the Southern part of our 
territory, 1 would simply ask the attention of Congress 
to that manifest, well-known, and universally acknow- 
ledged rule of constitutional law which declares that the 
Federal government has no jurisdiction, authority, or 
power to regulate such subjects for any State. To force 
the right of suffrage out of the hands of the white peo- 
ple and into the hands of the negroes is an arbitrary 
violation of this principle. 

This bill imposes martial law at once, and its opera- 
tions will begin so soon as the general and his troops 
can be put in place. The dread alternative between its 
harsh rule and compliance with the terms of this measure 
is not suspended, nor are the people afforded any time 
for free deliberation. The bill says to them, take martial 
law first, then deliberate. And when they have done all 
that this measure requires them to do other conditions 
and contingencies over which they have no control yet 
remain to be fulfilled before they can be relieved from 
martial law. Another ( ongress must first approve the 
Constitution made in conformity with the will of this 
Congress and must declare these States entitled to rep- 
resentation in both Houses. The whole question thus re- 
mains open and unsettled and must again oecujiy the at- 
tention of Congress; and in the meantime the agitation 
which now prevails will continue to disturb all portions 
of the people. 

The bill also denies the legality of the governments 
of ten of the States which participated in the ratifica- 
tion of the amendment to the Federal Constitution 



RECONSTEUCTioisr AcTS — President's Vetoes 155 

abolishing slavery forever within the jurisdiction of the 
United States and practically excludes them from the 
Union. If this assumption of the bill be correct, their 
concurrence can not be considered as having been legally 
given, and the important fact is made to appear that the 
consent of three-fourths of the States — the requisite 
number — has not been constitutionally obtained to the 
ratification of that amendment, thus leaving the question 
of slavery where it stood before the amendment was offi- 
cially declared to have become a part of the Constitution. 

That the measure proposed by this bill does violate 
the Constitution in the particulars mentioned and in 
many other ways which I forbear to enumerate is too 
clear to admit the least doubt. It only remains to con- 
sider whether the injunctions of that instrument ought to 
be obeyed or not. I think they ought to be obeyed, for 
reasons which I will proceed to give as briefly as possible. 

In the first place, it is the only system of free govern- 
ment which we can hope to have as a nation. When it 
ceases to be the rule of our conduct, we may perhaps take 
our choice between complete anarchy, a consolidated 
despotism, and a total dissolution of the Union ; but nat- 
ional liberty regulated by law will have passed beyond 
our reach. 

It is the best frame of government the world ever 
saw. No other is, or can be, so well adapted to the 
genius, habits, or wants of the American people. Com- 
bining the strength of a great empire with unspeakable 
blessings of local self-;govemment, having a central 
power to defend the general interests, and recognizing 
the authority of the States as the guardians of industrial 
rights, it is "the sheet anchor of our safety abroad and 



156 Confederate Records 

our peace at home." It was ordained **to form a more 
perfect union, establish justice, insure domestic tran- 
quillity, promote the general welfare, provide for the 
common defense, and secure the blessings of liberty to 
ourselves and to our posterity." These great ends have 
been attained heretofore, and will be again by faithful 
obedience to it; but they are certain to be lost if we treat 
with disregard its sacred obligations. 

It was to punish the gross crime of defying the Con- 
stitution and to vindicate its supreme authority that we 
carried on a bloody war of four years' duration. Shall 
we now acknowledge that we sacrificed a million of lives 
and expended billions of treasure to enforce a Constitu- 
tion which is not worthy of respect and preservation? 

Those who advocated the right of secession alleged in 
their own justification tliat we had no regard for law and 
that their rigbts of property, life and liberty would not 
be safe under the Constitution as administered by us. If 
we now verify their assertion, we prove that they were in 
truth and in fact fighting for their liberty, and instead of 
branding their leaders with the dishonoring name of 
traitors against a righteous and legal government we ele- 
vate them in history to the rank of self-sacrificing 
patriots, consecrate them to the admiration of the world, 
and phice them by the side of Washington, Hampden 
and Sidney. Xo; let us leave them to the infamy they 
deserve, punish them as they should be punished, accord- 
ing to law, and take upon ourselves no share of the odium 
which they should bear alone. 

It is a part of our public history which can never be 
forgotten that both Houses of Congress, in July, 1861, 
declared in the form of a solemn resolution that the war 



Reconstruction Acts — President's Vetoes 157 

was and should be carried on for no purpose of subjuga- 
tion, but solely to enforce the Constitution and laws, and 
that when this was yielded by the parties in rebellion the 
contest should cease, with the Constitutional rights of the 
the States and of individuals unimpaired. This resolu- 
tion was adopted and sent forth to the world unani- 
mously by the Senate and with only two dissenting voices 
in the House. It was accepted by the friends of the 
Union in the South, as well as in the North, as express- 
ing honestly and truly the object of the war. On the 
faith of it many thousands of persons in both sections 
gave their lives and their fortunes to the cause. To re- 
pudiate it now by refusing to the States and to the indi- 
viduals within them the rights which the Constitution 
and laws of the Union would secure to them is a breach 
of our plighted honor for which I can imagine no excuse 
and to which I can not voluntarily become a party. 

The evils which spring from the unsettled state of our 
government will be acknowledged by all. Commercial 
intercourse is impeded, capital is in constant peril, public 
securities fluctuate in value, peace itself is not secure, 
and the sense of moral and political duty is impaired. 
To avert these calamities from our country it is impera- 
tively required that we should immediately decide upon 
some course of administraition which can be steadfastly 
adhered to. I am thoroughly convinced that any settle- 
ment or compromise or plan of action which is inconsis- 
tent with the principles of the Constitution will not only 
be unavailing, but mischievous; that it will but multiply 
the present evils, instead of removing them. The Consti- 
tution, in its whole integrity and vigor, throughout the 
length and breadth of the land, is the best of all com- 
promises. Besides, our duty does not, in my judgment, 



158 Confederate Kecords 

leave us a choice between tliat and any other. I believe 
that it contains the remedy that is so much needed, and 
that if the co-ordinate branches of the government would 
unite upon its provisions they would be found broad 
enough and strong enough to sustain in time of peace the 
nation which they bore safely through the ordeal of a 
protracted civil war. Among the most sacred guaranties 
of that instrument are those which declare that ''each 
State shall have at least one Representative," and that 
''no State, without its consent, shall be deprived of its 
equal suffrage in the Senate." Each House is made the 
"judge of the elections, returns, and qualifications of its 
own members," and may, "with the concurrence of two- 
thirds, expel a member." Thus, as heretofore urged "in 
the admission of Senators and Representatives from any 
and all of the States there can be no just ground of ap- 
prehension that persons who are disloyal will be clothed 
with the powers of Legislation, for this could not happen 
when the Constitution and the laws are enforced by a 
vigilant and faithful Congress." "When a Senator or 
Representative presents his certificate of election, he 
may at once be admitted or rejected; or, should there be 
any questions as to his eligibility, his credentials may be 
referred for investigation to the appropriate commit- 
tee. If admitted to a seat, it must be upon evidence satis- 
factory to the House of which he thus becomes a member 
that he possesses the requisite constitutional and legal 
qualifications. If refused admission as a member for 
want of due allegiance to the government, and returned 
to his constituents, they are admonished that none but 
persons loyal to the United States will be allowed a voice 
in the legislative councils of the nation, and the political 
power and moral influence of Congress are thus effec- 



Reconstruction Acts — President's Vetoes 159 

tively exerted in the interests of loyalty to the govern- 
ment and fidelity to the Union." And is it not far better 
that the work of restoration should be accomplished by 
simple compliance with the plain requirements of the 
Constitution than by a recourse to measures which in 
effect destroy the States and threaten the subversion of 
the general government! All that is necessary to settle 
this simple but important question without further agi- 
tation or delay is a willingness on the part of all to sus- 
tain the Constitution and carry its provisions into practi- 
cal operation. If tomorrow either branch of Congress 
would declare that upon the presentation of their cre- 
dentials members constitutionally elected and loyal to 
the general government would be admitted to seats in 
<^'ongress, while all others would be excluded and their 
places remain vacant until the selection by the people of 
loyal and qualified persons, and if at the same time as- 
surances were given that this policy would be continued 
until all the States were represented in Congress, it 
would send a thrill of joy throughout the entire land, as 
indicating the inauguration of a system which must 
speedily bring tranquillity to the public mind. 

While we are legislating upon subjects which are of 
great importance to the whole people, and which must 
affect all parts of the countiy, not only during the life of 
the present generation, but for ages to come, we should 
remember that all men are entitled at least to a hearing 
in the councils which decide upon the destiny of them- 
selves and their children. At present ten States are de- 
nied representation, and when the Fortieth Congress as- 
sembles on the Ml day of the present month, sixteen 
States will be without a voice in the House of Represen- 



160 Confederate Records 

tatives. This grave fact, with the important questions 
before us, should induce us to pause in a course of legis- 
lation which, looking solely to the attainment of political 
ends, fails to consider the rights it transgresses, the law 
which it violates, or the institutions which it imperils. 

Andrew Johnson. 



In the House of Representatives, 

March 2, 1867. 

The President of the United States having returned 
to the House of Representatives, in which it originated, 
the bill entitled "An Act to provide for the more efficient 
government of the rebel States," with his objections 
thereto, the House of Representatives proceeded, in pur- 
suance of the Constitution, to reconsider the same; and 

Resolved, That the said bill do pass, two thirds of 
the House of Representatives agreeing to pass the same. 

Attest : 

Edwd. McPherson, 

Clerk of H. B. U. S. 



In Senate of the United States, 

The Senate having proceeded, in pursuance of the 
Constitution, to reconsider the bill entitled "An act to 
provide for the more efficient government of the rebel 
States," returned to the House of Representatives by the 



Reconstruction Acts — President's Vetoes 161 

President of the United States, with his objections, and 
sent by the House of Representatives' to the Senate, 
with the message of the President returning the bill : 

Resolved, That the bill do pass, two thirds of the 
Senate agreeing to pass the same. 

Attest : 

J. W. Forney, 

Secretary of the Senate. 



II. In pursuance of the act of Congress entitled "An 
act to provide for the more efl&cient government of the 
rebel States," the President directs the following as- 
signments to be made : 

First district, State of Virginia, to be commanded by 
Brevet Major General J. M. Scofield. Headquarters, 
Richmond, Virginia. 

Second district, consisting of North Carolina and 
South Carolina, to be commanded by Major General D. 
E. Sickles. Headquarters, Columbia, South Carolina. 

*Xhird district, consisting of the States of Georgia. 
Florida and Alabama, to be commanded by Major Gen- 
eral G. H. Thomas. Headquarters, Montgomery, Ala- 
bama; changed to Atlanta, Georgia. General Orders 52. 

Fourth district, consisting of the States of Missis- 
sippi and Arkansas, to be commanded by Brevet Major 



*Major General Pope assigned to command of third district, instead of 
Major General Thomas. General Order No. 18; p. 55. 



162 Confederate Recobds 

General E. 0. C. Ord. Headquarters, Vicksburg, Miss- 
issippi. 

Fifth district, consisting of the States of Louisiana 
and Texas, to be commanded by Major General P. H. 
Sheridan. Headquarters, New Orleans, Louisiana. 

The powers of departmental commanders are hereby 
delegated to the above-named district commanders. 

By command of General Grant : 

E. D. Townsend, 

Assistant Adjutant General. 
Official : 

E. D. Townsend, 

Assistant Adjutant General. 



General Order No. 18. 



An Act supplementary to an Act entitled ''An Act to 
provide for the more efficient Government of the Rebel 
States/' passed March second, eighteen hundred ana 
sixty-seven, and to facilitate Restoration. 

Be it enacted hy the Senate and House of Represent 
tatives of the United States of America in Congress as- 
sembled, That before the first day of September, eigh- 
teen hundred and sixty-seven, the commanding general 
in each district defined by an Act entitled "An 
Act to provide for the more efficient government of 
the rebel States," passed March second, eighteen 
hundred and sixty-seven, shall cause a registration to be 
made of the male citizens of the United States, twenty- 
one years of age and upwards, resident in each county 
or parish in the State or States included in his district, 
which registration shall include only those persons who 



Reconstruction Acts — President's Vetoes 163 

are qualified to vote for delegates by the act aforesaid, 
and who shall have taken and subscribed the following 

oath or affirmation: ''I, , do solemnly swear 

(or affirm), in the presence of Almighty Grod, that I am 

a citizen of the State of ; that I have resided 

in said State for months next preceding this day, 

and now reside in the county of , or the parish 

of , in said State, (as the case may be) ; that I am 

twenty-one years old ; that I have not been disfranchised 
for participation in any rebellion or civil war against the 
United States, nor for felony committed against the laws 
of any State or of the United States ; that I have never 
been a member of any State Legislature, nor held any 
executive or judicial office in any State and afterwards 
engaged in insurrection or rebellion against the United 
States, or given aid or comfort to the enemies thereof; 
that I have never taken an oath as a member of Congress 
of the United States, or as an officer of the United States, 
or as a member of any State Legislature, or as an exe- 
cutive or judicial officer of any State, to support the Con- 
stitution of the United States, and afterwards engaged 
in insurrection or rebellion against the United States ,or 
given aid or comfort to the enemies thereof; that I will 
faithfully support the Constitution and obey the laws of 
the United States, and will, to the best of my ability, en- 
courage others so to do, so help me God"; which oath or 
affirmation may be administered by any registering 
officer. 

Sec 2. And be it further enacted, That after the 
completion of the registration hereby provided for in 
any State, at such time and places therein as the com- 
manding general shall appoint and direct, of which at 
least thirty days' public notice shall be given, an elec- 



164 Confederate Records 

tion shall be held of delegates to a convention for tha 
purpose of establishing a constitution and civil govern- 
ment for such State loyal to the Union, said convention 
in each State, except Virginia, to consist of the same 
number of members as the most numerous branch of the 
State Legislature of such State in the year eighteen 
hundred and sixty, to be apportioned among the several 
districts, counties, or parishes of such State by the com- 
manding general, giving to each representation in the 
ratio of voters registered as aforesaid as nearly as may 
be. The convention in Virginia shall consist of the same 
number of members as represented in the territory now 
constituting Virginia in the most numerous branch of the 
Legislature of said State in the year eighteen hundred 
and sixty, to be apportioned as aforesaid. 

Sec. 3. And be it further enacted, That at said elec- 
tion the registered voters of each State shall vote for or 
against a convention to form a constitution therefor un- 
der this act. Those voting in favor of such a convention 
shall have written or printed on the ballots by which they 
vote for delegates, as aforesaid, the words, "For a con- 
vention," and those voting against such a convention 
shall have written or printed on such ballots the words 
"Against a convention." The persons appointed to sup- 
erintend said election, and to make return of the votes 
given thereat, as herein provided, shall count and make 
return of the votes given for and against a convention; 
and the commanding general to whom the same shall 
have been returned shall ascertain and declare the total 
vote in each State for and against a convention. If a 
majority of the votes given on that question shall be for 
a convention, then such convention shall be held as here- 
inafter provided; but if a majority of said votes shall 



Reconstruction Acts — President's Vetoes 165 

be against a convention, then no such convention shall 
be held under this act: Provided, That such convention 
shall not be held unless a majority of all such registered 
voters shall have voted on the question of holding such 
convention. 

Sec. 4. And he it further enacted, That the com- 
manding general of each district shall appoint as many 
boards of registration as may be necessary, consisting of 
three loyal officers or persons, to make and complete the 
registration, superintend the election, and make return 
to him of the votes, list of voters, and of the persons elec- 
ted as delegates by a plurality of the votes cast at said 
election; and upon receiving said returns he shall open 
the same, ascertain the persons elected as delegates, ac- 
cording to the returns of the officers who conducted said 
election, and make proclamation thereof; and if a 
majority of the votes given on that question shall be for a 
convention, the commanding general, within sixty days 
from the date of election, shall notify the delegates to 
assemble in convention, at a time and place to be men- 
tioned in the notification, and said convention, when 
organized, shall proceed to frame a constitution and civil 
government according to the provisions of this act, and 
the act to which it is supplementary; and when the same 
shall have been so framed, said constitution shall be sub- 
mitted by the convention for ratification to the persons 
registered under the provisions of this act at an election 
to be conducted by the officers or persons appointed or 
to be appointed by the commanding general, as herein- 
before provided, and to be held after the expiration of 
thirty days from the date of notice thereof, to be given 
by said convention: and the returns thereof shall be 
made to the commanding general of the district. 



16G Confederate Records 

Sec. 5. And be it further enacted, That if, accord- 
ing to said returns, the constitution shall be ratified by 
a majoritj' of the votes of the registered electors quali- 
fied as herein specified, cast as said election, at least one 
half of all the registered voters voting upon the question 
of such ratification, the president of the convention shall 
transmit a copy of the same, duly certified, to the Presi- 
dent of the United States, who shall forthwith transmit 
the same to Congress, if then in session, and if not in 
session, then immediately upon its next assembling; and 
if it shall moreover appear to Congress that the election 
was one at which all the registered and qualified elector^ 
in the State had an opportunity to vote freely and with- 
out restraint, fear, or the influence of fraud, and if the 
Congress shall be satisfied that such constitution meets 
the approval of a majority of all the qualified electors 
in the State, and if the said constitution shall be declared 
by Congress to be in conformity with the provisions of 
the act to which this is supplementary, and the other pro- 
visions of said act shall have been complied with, and the 
said constitution shall be approved by Congress, the 
State shall be declared entitled to representation, and 
Senators and Representatives shall be admitted there- 
from as therein provided. 

Sec. 6. A^id be it further enacted, That all elections 
in the States mentioned in the said "xVct to provide for 
the more efficient government of the rebel States," shall 
during the operation of said act, be by ballot; and al* 
officers making the said registration of voters and con- 
ducting said elections shall, before entering upon the 
discharge of their duties, take and subscribe the oa^ 
prescribed by the act approved July second, eighteen 
hundred and sixty-two, entitled, ''An act to prescribe an 



Reconstruction Acts — President's Vetoes 167 

oath of office": Provided, That if any person shall know- 
ingly and falsely take and subscribe any oath in this act 
precribed, such person so offending and being thereof 
duly convicted shall be subject to the pains, penalties, 
and disabilities which by law are provided for the pun- 
ishment of the crime of wilful and corrupt perjury. 

Sec. 7. And be it further enacted, That all expenses 
incurred by the several commanding generals, or by 
virtue of any orders issued, or appointments made, by 
them, under or by virtue of this act, shall be paid out of 
any moneys in the Treasury not otherwise appropriated. 

Sec. 8. And be it further enacted. That the conven- 
tion for each State shall prescribe the fees, salary, and 
compensation to be paid to all delegates and other offi- 
cers and agents herein authorized or necessary to carry 
into effect the purposes of this act not herein otherwise 
provided for, and shall provide for the levy and collec- 
tion of such taxes on the property in such State as may 
be necessary to pay the same. 

Sec. 9. And be it further enacted. That the word 
"article" in the sixth section of the act to which this is 
supplementary, shall be construed to mean "section." 

Schuyler Colfax, 

Speaker of the House of Representatives. 

B .F. Wade, 

President of the Senate pro tempore. 



1(38 Confederate Records 

Washington, March 23, 1867. 

To the Home of Bepresentatives-. 

I have considered the bill entitled ''An act supple- 
mentary to an act entitled 'An act to pro\ade for the 
more efficient government of the Rebel States,' passed 
March 2, 1867, and to facilitate restoration," and now 
return it to the House of Representatives with my objec- 
tions. 

This bill provides for elections in the ten States 
brought under the operation of the original act to which 
it is supplementary. Its details are principally directed 
to the elections for the formation of the State Constitu- 
tions, but by the sixth section of the bill "all elections" 
in these States occurring while the original act remains 
in force are brought within its purview. Referring to 
these details, it will be found that, first of all, there is to 
be a registration of the voters. No one whose name has 
not been admitted on the list is to be allowed to vote at 
any of these elections. To ascertain who is entitled to 
registration reference is made necessary, by the express 
language of the supplement to the original act and to the 
pending bill. The fifth section of the original act pro- 
vides, as to voters, that they shall be "male citizens of 
the State, 21 years old and upward, of whatever race, 
color, or previous condition, who have been residents of 
said State for one year." This is the general qualifica- 
tion, followed, however, by many exceptions. No one can 
be registered, according to the original act, "who may be 
disfranchised for iiarticipation in the rebellion" — a pro- 
vision which left undetermined the question as to what 
amounted to disfranchisement, and whether without a 



Reconstruction Acts — President's Vetoes 169 

judicial sentence the act itself produced that effect. This 
supplemental bill superadds an oath, to be taken by every 
person before his name can be admitted upon the regis- 
tration, that he has "not been disfranchised for partici- 
pation in any rebellion or civil war against the United 
States." It thus imposes upon every person the neces- 
sity and responsibility of deciding for himself, under the 
peril of punishment by a military commission if he 
makes a mistake, what works disfranchisement by parti- 
cipation in rebellion and what amounts to such partici- 
pation. Almost every man — the negro as well as the 
white — above 21 years of age who was resident in these 
ten States during the rebellion, voluntarily or involun- 
tarily, at some time and in some way did participate in 
resistance to the lawful authority of the general govern- 
ment. The question with the citizen to whom this oath is 
to be proposed must be a fearful one, for while the bill 
does not declare that perjury may be assigned for such 
false swearing nor fix any penalty for the offense, we 
must not forget that martial law prevails; that every 
person is answerable to a military commission, without 
previous presentment by a grand jury, for any charge 
that may be made against him, and that the supreme 
authority of the military commander determines the 
question as to what is an offense and what is to be the 
measure of punishment. 

The fourth section of the bill provides "that the com- 
manding general of each district shall appoint as many 
boards of registration as may be necessary, consisting of 
three loyal officers or persons." The only qualification 
stated for these officers is that they must be "loyal." 
They may be persons in the military service or civilians, 
residents of the State or strangers. Yet these persons 



170 Confederate Records 

are to exercise most important duties and are vested 
with unlimited discretion. They are to decide what names 
shall be placed u})ou the register and from their decision 
there is to be no appeal. They are to superintend the 
elections and to decide all questions which may arise. 
They are to have the custody of the ballots and to make 
return of the persons elected. Whatever frauds or 
errors they may commit must pass without redress. All 
that is left for the commanding general is to receive the 
returns cf the elections, open the same, and ascertain 
who are chosen "according to the returns of the officers 
who conducted said elections." By such means ana with 
this sort of agency are the conventions of delegates to be 
constituted. 

As the delegates are to speak for the people, common 
justice would seem to require that they should have 
authority from the people themselves. No convention so 
constituted will in any sense represent the wishes of the 
inhabitants of these States, for under the all-embracing 
exceptions of these laws, by a construction which the un- 
certainty of the clause as to disfranchisement leaves open 
to the board of officers, the great body of the people may 
be excluded from the polls and from all opportunity of 
expressing their own wishes or voting for delegates who 
will faithfully reflect their sentiments. 

I do not deem it necessary further to investigate the 
details of this bill. Xo consideration could induce me to 
give my approval to such an election law for any pur- 
pose, and especially for the great purpose of framing 
the constitution of a State. If ever the American citizen 
should be left to the free exercise of his own judgment, 
it is when he is engaged in the work of forming the fun- 



Reconstruction Acts — President's Vetoes 171 

damental law under which he is to live. That work is 
his work, and it can not properly be taken out of his 
hands. All this Legislation proceeds upon the contrary- 
assumption that the people of each of these States shall 
have no Constitution except such as may be arbitarily 
dictated by Congress and formed under the restraint of 
military rule. A plain statement of facts makes this 
evident. 

In all these States there are existing constitutions, 
framed in the accustomed way by the people. Congress, 
however, declares that these constitutions are not ''loyal 
and republican," and requires the people to form them 
anew. What, then, in the opinion of Congress, is neces- 
sary to make the Constitution of a State "loyal and re- 
publican"! The original act answers the question: It is 
universal negro suffrage — a question which the Federal 
Constitution leaves exclusively to the States themselves. 
All this Legislative machinery of martial law, military 
coercion, and political disfranchisement is avowedly for 
that purpose and none other. The existing Constitutions 
of the ten States conform to the acknowledged stand- 
ards of loyalty and republicanism. Indeed, if there are 
degrees in republican forms of government, their con- 
stitutions are more republican now than when these 
States, four of which were members of the original thir- 
teen, first became members of the Union. 

Congress does not now demand that a single provis- 
ion of their Constitutions be changed except such as 
confine suffrage to the white population. It is apparent, 
therefore, that these provisions do not conform to the 
standard of republicanism which Congress seeks to 
establish. That there may be no mistake, it is only neces- 



17-1 Confederate RECOitDs 

sary that reference should l)e made to the original act, 
which declares "such ( onstitution shall provide that the 
elective franchise shall be enjoyed by all such persons as 
have the qualilications herein stated for electors of dele- 
gates." What class of persons is here meant clearly ap- 
pears in the same section; that is to say, "the male 
citizens of said State 21 j^ears old and upward, of what« 
ever race, color, or previous condition, who have been* 
resident in said State for one year previous to the day of 
such election." 

Without these provisions no constitution which can 
be framed in any one of the ten States will be of any 
avail with Congress. This, then, is the test of what the 
constitution of a State of this Union must contain to 
make it republican. Measured by such a standard, how 
few of the States now composing the Union have repub- 
lican Constitutions! If in the exercise of the Constitu- 
tional guaranty that Congress shall secure to every State 
a republican form of government universal sut^rage for 
blacks as well as whites is a sine qua non, the work of re- 
construction may as well begin in Ohio as in Virginia, in 
Pennsylvania as in North Carolina. 

When I contemplate the millions of our fellow-citi- 
zens of the South with no alternative left but to impose 
upon themselves this fearful and untried experiment of 
complete negro enfranchisement — and white disfran- 
chisement, it may be, almost as complete — or submit in- 
definitely to the rigor of martial law, without a single 
attribute of freemen, deprived of all the sacred guaran- 
ties of our Federal Constitution, and threatened with, 
even worse wrongs, if any worse are possible, it seems to 
me their condition is the most deplorable to which any 



Eeconstruction Acts — President's Vetoes 173 

people can be reduced. It is true that they have been en- 
gaged in rebellion and that their object being a separa- 
tion of the States and a dissolution of the Union there 
was an obligation resting upon every loyal citizen to 
treat them as enemies and to wage war against their 
cause. 

Inflexibly opposed to any movement imperiling the 
-integrity of the government, I did not hesitate to urge 
the adoption of all measures necessary for the suppres- 
sion of the insurrection. After a long and terrible strug- 
gle the efforts of the government were triumphantly sUl 
cessful, and the people of the South, submitting to the 
stern arbitrament, jdelded forever the issues of the con- 
test. Hostilities terminated soon after it became my 
duty to assume the responsibilities of the chief executive 
officer of the republic, and I at once endeavored to re- 
press and control the passions which our civil strife had 
engendered, and, no longer regarding these erring mil- 
lions as enemies, again acknowledged them as our 
friends and our countrymen. The war had accomplished 
its objects. T,he nation was saved and that seminal prin- 
ciple of mischief which from the birth of the government 
Ea3 gradually but inevitably brought on the rebellion was 
totally eradicated. Then, it seems to me, was the aus- 
picious time to commence the work of reconciliation; 
then, when these people sought once more our friendship 
and protection, I considered it our duty generously to 
meet them in the spirit of charity and forgiveness and to 
conquer them even more effectually by the magnanimity 
of the nation than by the force of its arms. I yet believe 
that if the policy of reconciliation then inaugurated, and 
which contemplated an early restoration of these people 



174 Confederate Records 

to all their political rights, had received the support of 
Congress, every one of these ten States and all their peo- 
ple would at this moment be fast anchored in the Union 
and the great work which gave the war all its sanction 
and made it just and holy would have been accomplished. 
Then over all the vast and fruitful regions of the South 
peace and its blessings would have prevailed, while now 
millions are deprived of rights guaranteed by the Con- 
stitution to every citizen, and after nearly two years of 
Legislation find themselves placed under an absolute 
military despotism. "A military republic, a government 
founded on mock elections and supported only by the 
sword," was nearly a quarter of a century since pro- 
nounced by Daniel Webster, when speaking of the South 
American States, as ''a movement, indeed, but a retro- 
grade and disastrous movement, from the regular and 
old-fashioned monarchical system;" and he added: 

"If men would enjoy the blessings of republican gov- 
ernment, they must govern themselves by reason, by 
mutual counsel and consultation, by a sense and feeling 
of general interest, and by the acquiescence of the minor- 
ity in the will of the majority, properly expressed; and, 
above all, the military must be kept, according to the 
language of our bill of rights, in strict subordination to 
the civil authority. A^^erever this lesson is not both 
learned and practiced there can be no political freedom. 
Absurd preposterous is it, a scoff and a satire on froQ 
forms of constitutional liberty, for frames of govern- 
ment to be prescribed by military leaders and the right 
of suffrage to be exercised at the point of the sword. ' ' 

I confidently believe that a time will come when these 
States will again occupy their true positions in the 



Reconstruction Acts — President's Vetoes 175 

Union. The barriers which now seem so obstinate must 
yield to the force of an enlightened and just public opin- 
ion, and sooner or later unconstitutional and oppressivQ 
legislation will be effaced from our statute books. 
When this shall have been consummated, I pray God that 
the errors of the past may be forgotten, and that once 
more we shall be a happy, united, and prosperous peo- 
ple, and that at last, after the bitter and eventful ex- 
perience through which the nation has passed, we shall, 
all come to know that our only safety in in the preserva- 
tion of our Federal constitution and in according to 
every American citizen and to every State the rights 
which that Constitution secures. 

Andrew Johnson. 



In the House of Representatives, U. S., 

March 23, 1867. 

The President of the United States having returned 
to the House of Representatives, in which it originated, 
the bill entitled "An act supplementary to an act 
entitled 'An act to provide for the more efficient gov- 
ernment of the Rebel States' passed March second, 
eighteen hundred and sixty-seven, and to facilitate re- 
storation," with his objections thereto, the House of 
Representatives proceeded, in pursuance of the Constitu- 
tion, to reconsider the same: and 

Resolved, That the said bill do pass, two thirds of 
the House of Representatives agreeing to pass the same. 

Attest : 

Edwd. McPherson, 

Clerk E. R. U. S. 



176 Confederate Kecoeds 

In Senate of the United States, 

March 23, 1867. 

The Senate having proceeded, in pursuance of the 
Constitution, to reconsider the bill entitled "An act sup- 
plementary to an act entitled 'An act to provide for 
the more efficient government of the Eebel States,* 
passed March second, eighteen hundred and sixty-seven, 
and to facilitate restoration," returned to the House of 
Eepresentatives by the President of the United States, 
with his objections, and sent by the House of Eepresen- 
tatives to the Senate, with the message of the President 
returning the bill : 

Eesolved, That the bill do pass, two thirds of the 

Senate agreeing to pass the same. 

Attest: 

J. W. Forney, 

Secretary. 



An Act supplementary to an Act entitled ''An Act to 
provide for the more efficient Government of the Rebel 
States," passed on the second day of March, eighteen 
hundred and sixty-seven, and the Act supplementary 
thereto, passed on the tiventy-third day of March, 
eighteen hundred and sixty seven. 

Be it enacted by the Senate and House of Represen- 
tatives of the United States of America in Congress 
assembled. That it is hereby declared to have been the 
true intent and meaning of the act of the second day of 



Reconstruction Acts — President's Vetoes 177 

March, one thousand eight hundred and sixty-seven, 
entitled "An act to provide for the more efficient gov- 
ernment of the rebel States," and of the act supplemen- 
tary thereto, passed on the twenty-third day of Marcii, 
in the year one thousand eight hundred and sixty-seven, 
that the governments then existing in the rebel States of 
Virginia, North Carolina, South Carolina, Georgia, 
Mississippi, Alabama, Louisiana, Florida, Texas, and 
Arkansas were not legal State governments; and that 
thereafter said governments, if continued, were to be 
continued subject in all respects to the military com- 
manders of the respective districts, and to the paramount 
authority of Congress. 

Sec. 2. And be it further enacted, That the com- 
mander of any district named in said act shall have 
power, subject to the disapproval of the General of the 
Army of the United States, and to have effect till dis- 
approved, whenever in the opinion of such commander 
the proper administration of said act shall require it, to 
suspend or remove from office, or from the performance 
of official duties and the exercise of official powers, any 
person or persons holding or exercising, or professing to 
hold or exercise, any civil or military office or duty in 
such district under any power, election, appointment or 
authority derived from, or granted by, or claimed under, 
any so-called State or the government thereof, or any 
municipal or other division thereof, and upon such sus- 
pension or removal such commander, subject to the dis- 
approval of the General as aforesaid, shall have power to 
provide from time to time for the performance of the 
said duties of such officer or person so suspended or re- 
moved by the detail of some competent officer or soldier 



178 Confederate Records 

of the army, or l)y the appointment of some other person, 
to perform the same, and to till vacancies occasioned by 
death, resignation, or otherwise. 

Sec. 3. And he if further enacted, That the General 
of the army of the United States shall be invested with 
all the powers of suspension, removal, appointment, and 
detail gi-anted in the preceding section to district com- 
manders. 

Sec. 4. And he it further enacted, That the acts of 
the officers of the army already done in removing in 
said districts persons exercising the fmictions of civil 
officers, and appointing others in their stead, are hereby 
confirmed: Provided, That any person heretofore or 
hereafter appointed by any district commander to exer- 
cise the functions of any civil office, may be removed 
either by the military officer in command of the district, 
or by the General of the army. And it shall be the duty 
of such commander to remove from office as aforesaid all 
persons who are disloyal to the government of the 
United States, or who use their official influence in any 
manner to hinder, delay, prevent, or obstruct the due and 
proper administration of this act and the acts to which 
it is supplementary. 

Sec. 5. And be it further enacted, That the boards 
of registration provided for in the act entitled *'An act 
supplementary to an act entitled 'An act to provide for 
the more efficient government of the rebel States,' 
passed March two, eighteen liundred and sixty-seven, 
and to facilitate restoration," passed March twenty- 
three, eighteen himdred and sixty-seven, shall have 
power, and it shall be their duty before allowing the 
registration of any person, to ascertain, upon such facts 



Reconsteuction Acts — Pkesident's Vetoes 179 

or information as they can obtain, whether such per- 
son is entitled to be registered under said act, and the 
oath required by said act shall not be conclusive on such 
question, and no person shall be registered unless such 
board shall decide that he is entitled thereto; and such 
board shall also have power to examine, under oath, to 
be administered by any member of such board, any one 
touching the qualification of any person claiming regis- 
tration ; but in every case of refusal by the board to 
register an applicant, and in every case of striking his 
name from the list as hereinafter provided, the board 
shall make a note or memorandum, which shall be re- 
turned with the registration list to the coimmanding 
general of the district, setting forth the grounds of such 
refusal or such striking from the list: Provided, That 
no person shall be disqualified as member of any board 
of registration by reason of race or color. 

Sec. 6. And he it further enacted, That the true 
intent and meaning of the oath prescribed in said sup- 
plementary act is, (among other things,) that no person 
who has been a member of the legislature of any State, 
or who has held any executive or judicial office in any 
State, whether he has taken an oath to support the Con- 
stitution of the United States or not, and whether he was 
holding such office at the commencement of the rebellion, 
or had held it before, and who has afterwards engaged 
in insurrection or rebellion against the United States, or 
given aid or comfort to the enemies thereof, is entitled to 
be registered or to vote; and the words "executive oi^ 
judical office in any State" in said oath mentioned shall 
be construed to include all civil offices created by law for 
the administration of any general law of a State, or for 
the administration of justice. 



180 Confederate Records 

Sec. 7. And he it further enacted, That the time for 
completing the origim^l registration provided for in said 
act may, in the discretion of the commander of any dis- 
trict be extended to the first day of October, eighteen 
hmidred and sixty-seven; and the boards of registration 
shall have power, and it shall be their duty, commencing 
fourteen days prior to any election under said act, and 
upon reasonable public notice of the time and place 
thereof, to revise, for a period of tive days, the registra- 
tion lists, and upon being satisfied that any person not 
entitled thereto has been registered, to strike the name 
of such person from the list, and such person shall not be 
allowed to vote. And such board shall also, during the 
same period, add to such registry the names of all per- 
sons who at that time possess the qualifications required 
by said act who have not been already registered; and 
no person shall, at any time, be entitled to be registered 
or to vote by reason of any executive pardon or amnesty 
for any act or thing which, without such pardon or 
amnesty, would disqualify him from registration or 
voting. 

Seo. 8. And be H further enacted, That section 
four of said last-named act shall be construed to author- 
ize the commanding general named therein, whenever he 
shall deem it needful, to remove any member of a board 
of registration and to appoint another in his stead, and 
to fill any vacancy in such board. 

Sec. 9. And be it further enacted, That all mem- 
bers of said boards of registration and all persons here- 
after elected or appointed to office in said military dis- 
tricts, under any so-called State or municipal authority, 
or by detail or appointment of the district commanders, 



Reconstruction Acts — President's Vetoes 181 

shall be required to take and to subscribe the oath of 
office prescribed by law for officers of the United States. 

Sec. 10. And be it further enacted, That no district 
commander or member of the board of registration, or 
any of the officers or appointees acting under them, shall 
be bound in his action by any opinion of any civil officer 
of the United States. 

Sec. 11. And be it further enacted, That all the pro- 
visions of this act and of the acts to which this is supple- 
mentary shall be construed liberally, to the end that all 
the intents thereof may be fully and perfectly carried 
out. 

Schuyler Colfax, 

Speaker of the House of Representatives. 

B. F. Wade, 

President of the Senate pro tempore. 



Washington, D. C, July 19, 1867. 
To the House of Representatives of the United States: 

I return herewith the bill entitled ''An act supple- 
mentary to an act entitled 'An act to provide for the 
more efficient government of the Rebel States,' passed 
on the 2d day of March, 1867, and the act supplementary 
thereto, passed on the 23d day of March, 1867," and will 
state as briefly as possible some of the reasons which 
prevent me from giving it my approval. 

This is one of a series of measures passed by Con- 
gress during the last four months on the subject of re- 



182 Confederate Records 

construction. The message returning the act of the 2d. 
of March last states at length my objections to the pass- 
age of that measure. They apply equally well to the bill 
now before me, and I am content merely to refer to them 
and to reiterate my conviction that they are sound and 
unanswerable. 

There are some points peculiar to this bill, which I 
will proceed at once to consider. 

The first section purports to declare "the true intent 
and meaning," in some particulars, of the two prior acts 
upon this subject. 

It is declared that the intent of those acts was, first, 
that the existing governments in the ten "Rebel States" 
"were not legal State governments," and, second, "that 
thereafter said governments, if continued, were to be 
continued subject in all respects to the military oom- 
manders of the respective districts and to the paramount 
authority of Congress." 

Congress may by a declaratory act fix upon a prior 
act a construction altogether at variance with its appar- 
ent meaning, and from the time, at least, when such a 
construction is fixed the original act will be construed to 
mean exactly what it is stated to mean by the 
declaratory statute. There will be, then, from the 
time this bill may become a law no doubt, no 
question, as to the relation in which the "existing gov- 
ernments," in those States, called in the original act 
"the provisional government," stand toward the mili- 
tary authority. As those relations stood before the dec- 
laratory act, these "governments," it is true, were made 
subject to absolute military authority in many important 
respects, but not in all, the language of the act being 



Reconstruction Acts — President's Vetoes 183 

"subject to the military authority of the United States, 
as hereinafter prescribed." By the sixth section of the 
original act these governments were made "in all re- 
spects subject to the paramount authority of the United 
States." 

Now by this declaratory act it appears that Congress 
did not by the original act intend to limit the military 
authority to any particulars or subjects therein "pre- 
scribed, ' ' but meant to make it universal. Thus over all 
of these ten States this military government is now de- 
clared to have unlimited authority. It is no longer con- 
fined to the preservation of the public peace, the adminis- 
tration of criminal law, the registration of voters, and 
the superintendence of elections, but "in all respects" 
is asserted to be paramount to the existing civil govern- 
ments. 

It is impossible to conceive any state of society more 
intolerable than this ; and yet it is to this condition that 
12,000,000 American citizens are reduced by the Con- 
gress of the United States. Over every foot of the im- 
mense territory occupied by these American citizens the 
Constitution of the United States is theoretically in full 
operation. It binds all the people there and should pro- 
tect them; yet they are denied every one of its sacred, 
guaranties. 

Of what avail will it be to any one of these Southern 
people when seized by a file of soldiers to ask for the 
cause of arrest or for the production of the warrant? Of 
what avail to ask for the privilege of bail when in mili- 
tary custody, which knows no such thing as bail? Of 
what avail to demand a trial by jury, process for wit- 



184 Confederate Recoeds 

nesses, a copy of the indictment, the privilege of counsel, 
or that greater privilege, the writ of habeas corpus? 

The veto of the original bill of the 2d of March was 
based on two distinct grounds — the interference of Con- 
gress in matters strictly appertaining to the reserved 
powers of the State and the establishment of military 
tribunals for the trial of citizens in time of peace. The 
impartial reader of that message will understand that 
all that it contains with respect to military despotism and 
martial law has reference especially to the fearful power 
conferred on the district commanders to displace the 
criminal courts and assume jurisdiction to try and to 
punish by military boards ; that, potentially, the suspen- 
sion of the habeas corpus was martial law and military 
despotism. The act now before me not only declares that 
the intent was to confer such military authority, but 
also to confer unlimited military authority over all the 
other courts of the State and over all the officers of the 
State — legislative, executive and judicial. Not content 
with the general grant of power, Congress, in the second 
section of this bill, specifically gives to each military 
commander the power "to suspend or remove from 
office, or from the performance of official duties and the 
exercise of official powers, any officer or person holding 
or exercising, or professing to hold or exercise, any ci\al 
or military office or duty in such district under any 
power, election, appointment, or authority derived from, 
or granted by, or claimed under any so-called State, or 
the government thereof, or any municipal or other divis- 
ion thereof." 

A power that hitherto all the departments of the 
Federal government, acting in concert or separately, 



Reconstruction Acts — President's Vetoes 185 

have not dared to exercise is here attempted to be con- 
ferred on a subordinate military officer. To him, as a 
military officer of the Federal government, is given the 
power, supported by " a sufficient military force, ' ' to re~ 
move every civil officer of the State. What next? The 
district commander, who has thus displaced the civil 
officer, is authorized to fill the vacancy by the detail of an 
officer or soldier of the army, or by the appointment of 
"some other person." 

This military appointee, whether an officer, a soldier, 
or "some other person," is to perform "the duties of 
such officer or person so suspended or removed." In 
other words, an officer or soldier of the army is thus 
transformed into a civil officer. He may be made a. gov- 
ernor, a legislator, or a judge. However unfit he may 
deem himself for such civil duties, he must obey the 
order. The officer of the army must, if "detailed," go 
upon the Supreme bench of the State with the same 
prompt obedience as if he were detailed to go upon a 
court-martial. The soldier, if detailed to act as a Justice 
of the Peace, must obey as quickly as if he were detailed 
for picket duty. 

What is the character of such a military civil officer? 
The bill declares that he shall perform the duties of the 
civil office to which he is detailed. It is clear, however, 
that he does not lose his position in the military service. 
He is still an officer or soldier of the army; he is still 
subject to the rules and regulations which govern it, and 
must yield due deference, respect, and obedience toward 
his superiors. 

The clear intent of this section is that the officer or 
soldier detailed to fill a civil office must execute its duties 



18(i Confederate Records 

according to the laws of the State. If he is appointed a 
governor of a State, he is to execute the duties as pro- 
vided by the hiws of that State, and for the time being 
his military character is to be suspended in his new civil 
capacity. If he is appointed State treasurer, he must 
at once assume the custody and disbursement of the 
funds of the State, and must perform those duties pre- 
cisely according to the laws of the State, for he is intrus- 
ted with no other official duty or other official power. 
Holding the office of treasurer and intrusted with funds, 
it happens that he is required by the State laws to enter 
into bond with security and to take an oath of office; yet 
from the beginning of the bill to the end. there is no pro- 
vision for any bond or oath of office, or for any single 
qualification required under the State law, such as resi- 
dence, citizenship, or anything else. The only oath is 
that provided for in the ninth section, by the terms o:^ 
which everyone detailed or appointed to any civil office 
in the State is required "to take and to subscribe the 
oath of office ])rescribed by law for officers of the United 
States." Thus an officer of the army of the United 
States detailed to fill a civil office in one of these States 
gives no official bond and takes no official oath for the 
performance of his new duties, but as a civil officer of the 
State only takes the same oath which he had already 
taken as a military officer of the United States. He is, at 
last, a military officer performing civil duties, and tlie 
authority under which he acts is Federal authority only; 
and the inevitable result is that the Federal government, 
by the agency of its own sworn officers, in effect assumes 
the civil government of the State. 

A singular contradiction is apparent here. Congress 



Reconstruction Acts — President's Vetoes 187 

de<!lares these local State governmeiits to be illegal gov- 
ernments, and then provides that these illegal govern^ 
ments shall be carried on by Federal officers, who are to 
perform the very duties imposed on its own officers by 
this illegal State authority. It certainly would be a novel 
spectacle if Congress should attempt to carry on a legal 
State government by the agency of its own officers. It is 
yet more strange that Congress attempts to sustain and 
carry on an illegal State government by the same Fed- 
eral agency. 

In this connection I must call attention to the tenth 
and eleventh sections of the bill, which provide that none 
of the officers or appointees of these military commanders 
^ ' shall be bound in his action by any opinion of any civil 
officer of the United States," and that all the provisions 
of the act ''shall be construed liberally, to the end that 
all the intents thereof may be fully and perfectly carried 
out." 

It seems Congress supposed that this bill might re- 
quire construction, and they fix, therefore, the rule to 
be applied. But where is the construction to come from? 
Certainly no one can be more in want of instruction than 
a soldier or an officer in the army detailed for a civil 
service, perhaps the most important in a State, with the 
duties of which he is altogether unfamiliar. This bill 
S'ays he shall not be bound in his action by the opinion of 
any civil officer of the United States. The duties of th<^ 
office are altogether civil, but when he asks for an opinion 
he can only ask the opinion of another military officer, 
who, perhaps, understands as little of his duties as he 
does himself, and as to his "action," he is answerable to 
the military authority, and to the military authority 



188 Confederate Records 

alone. Strictly, no dpiiiion of any civil officer other than 
a jiid^o lias a binding force. 

But these military appointees would not be bound 
even by a .iiulieal opinion. They might very well say, 
even when their action is in conflict with the Supreme 
Court of the United States, "That court is composed of 
civil officers of the United States, and we are not bound 
to conform our action to any o])iuion of any such author- 
ity," 

This bill and the acts to which it is supplementary are 
all founded upon the assumption that these ten communi- 
ties are not States and that their existing governments 
are not legal. Throughout the legislation upon this sub- 
ject they are called ''rebel States," and in this particular 
bill they are denominated "so-called States," and the 
vice of illegality is declared to pervade all of them. The 
obligations of consistency bind a legislative body as well 
as the individuals who compose it. It is now too late to 
say that these ten political communities are not States 
of this Union. Declarations to the contrary made in 
these three acts are contradicted again and again by re- 
peated acts of legislation enacted by Congress from the 
year 1861 to the year 1867. 

During that period, while these States were in actuai 
rebellion, and after that rebellion was brought to a close, 
they have been again and again recognized as States of 
the Union. Representation has been apportioned to 
them as States. They have been divided into judical dis- 
tricts for the holding of district and circuit courts of the 
United States, as States of the Union only can be dis- 
tricted. The last act on this subject was passed July 23. 



Reconstruction Acts — President's Vetoes 189 

1866, by which every one of these ten States was ar- 
ranged into districts and circuits. 

They have been called upon by Congress to act 
through their legislaitures upon at least two amendments 
to the Constitution of the United States. As States they 
have ratified one amendment, which required the vote of 
twenty-seven States of the thirty-six then composing the 
Union. When the requisite twenty-seven votes were 
given in favor of that amendment — seven of which votes' 
were given by seven of these ten States — it was pro- 
claimed to be a part of the Constitution of the United 
States, and slavery was declared no longer to exist 
within the United States or any place subject to their 
jurisdiction. If these seven States were not legal States 
of the Union, it follows as an inevitable consequence that 
in some of the States slavery yet exists. It does not exist 
in these seven States, for they have abolished it also in 
their State C^onstitution ; but Kentucky not having done 
so, it would still remain in that State. But, in truth, if 
this assumption that these States have no legal State 
governments be true, then the abolition of slavery by 
these illegal governments binds no one, for Congress qow 
denies to these States the power to abolish slavery by 
denying to them the power to elect a legal State Legis- 
lature, or to frame a constitution for any purpose, even 
for such a purpose as the abolition of slavery. 

As to the other constitutional amendment, having 
reference to suffrage, it happens that these States have 
not accepted it. The consequence is that it has never 
been proclaimed or understood, even by Congress, to be 
a part of the Constitution of the United States. The 
Senate of the United States has repeatedly given its sane- 



190 Confederate Records 

tion to the appointment of judges, district attorneys, and 
marslials for every one of these States; yet, if they are 
not legal States, not one of these judges is authorized to 
hold a court. So, too, both Houses of Congress have 
passed appropriation bills to pay all these judges, attor- 
neys, and officers of the United States for exercising their 
functions in these States. Again, in the machinery of 
the internal-revenue laws all these States are districted, 
not as ''Territories," but as "States." 

So much for continuous Legislative recognition. The 
instances cited, however, fall far short of all that might 
be enumerated. Executive recognition, as is well known, 
has been frequent and unwavering. The same may be 
said as to judicial recognition through the Supreme 
Court of the United States. That august tribunal, from 
first to last, in the administration of its duties in banc 
and upon the circuit, has never failed to recognize these 
ten communities as legal States of the Union. The cases 
depending in that court upon appeal and writ of error 
from these States when the rebellion began have not been 
dismissed upon any idea of the cessation of jurisdiction. 
They were carefully continued from term to term until 
the rebellion was entirely subdued and peace re-estab- 
lished, and then they were called for argument and con- 
sideration as if no insurrection had intervened. New 
cases, occurring since the rebellion, have come from these 
States before that court by writ of error and appeal, and 
even by original suit, where only ''a State" can bring 
such a suit. These cases are entertained by that tribunal 
in the exercise of its acknowledged jurisdiction, which 
could not attach to them if they had come from any poli- 
tical body other than a State of the Union. Finally, in 
the allotment of their circuits made by the judges at the 



Reconstruction Acts — Peesident's Vetoes 191 

December term, 1865, every one of these States is put on 
the same footing of legality with all the other States of 
the Union. Virginia and North Carolina, being a part of 
the fourth circuit, are allotted to the Chief Justice. South 
Carolina, Georgia, Alabama, Mississippi, and Florida 
constitute the fifth circuit, and are allotted to the late 
Mr. Justice Wayne. Louisiana, Arkansas, and Texas, 
are allotted to the sixth judical circuit, as to which there 
is a vacancy on the bench. 

The Chief Justice, in the exercise of his circuit 
duties, has recently held a circuit court in the State of 
North Carolina. If North Carolina is not a State of this 
Union, the Chief Justice had no authority to hold a court 
there, and every order, judgment, and decree rendered 
by him in that court were coram non judice and void. 

Another ground on which these reconstruction acts 
are attempted to be sustained is this: That these ten 
States are conquered territory; that the constitutional 
relation in which they stood as States toward the Federal 
government prior to the rebellion has given place to a 
new relation; that their territory is a conquered country 
and their citizens a conquered people, and that in this 
new relation Congress can govern them by military 
power. A title by conquest stands on clear ground; it 
is a new title acquired by war; it applies onh' to terri- 
tory ; for goods or movable things regulai-ly captured in 
war are called "booty," or if taken by individual sol- 
diers, "plunder." 

There is not a foot of the land in any one of these ten 
States which the United States holds by conquest, save 
only such land as did not belong to either of these States' 
or to any individual owner. I mean such lands as did be- 



192 Confederate Records 

long to the pretended government called the Confeder- 
ate States. These lands we may claim to hold by con- 
quest. As to all other land or territory, whether belong- 
ing to the States or to individuals, the Federal govern- 
ment has now no more title or right to it than it had be- 
fore the rebellion. Our own forts, arsenals, navy-yards, 
custom-houses, and other Federal property situate in 
those states we now hold, not by the title of conquest, but 
by our old title, acquired by purchase or condemnation 
for public use, with compensation to former owners. We 
have not conquered these places, but have simply "repos- 
sessed" them. 

If we require more sites for forts, custom-houses, or 
other public use, we must acquire the title to them by pur- 
chase or appropriation in the regular mode. At this 
moment the United States, in the acquisition of sites for 
national cemeteries in these States, acquires title in the 
same way. The Federal courts sit in court-houses owned 
or leased by the United States, not in the court-houses 
of the States. The United States pays each of these 
States for the use of its jails. Finally, the United States 
levies its direct taxes and its internal revenue upon the 
property in these States, including the productions of the 
lands within their territorial limits, not by way of levy 
and contribution in the character of a conqueror, but in 
the regular way of taxation, under the same laws whicn 
apply to all the other States of the Union. 

From first to last, during the rebellion and since, the 
title of each of these States to the lands and public 
buildings owned by them has never been disturbed, and 
not a foot of it has ever been acquired by the United 



Reconsteuction Acts — President's Vetoes 193 

States, even under a title by confiscation, and not a foot 
of it has ever been taxed under Federal law. 

In conclusion I must respectfully ask the attention 
of Congress to the consideration of one more question 
arising under this bill. It vests in the military com- 
mander, subject only to the approval of the General of 
the army of the United States, an unlimited power to re- 
move from office any civil or military officer in each of 
these ten States, and the further power, subject to the 
same approval, to detail or appoint any military officer 
or soldier of the United States to perform the duties of 
the officer so removed, and to fill all vacancies occurring 
in those States by death, resignation, or otherwise. 

The military appointee thus required to perform the 
duties of a civil office according to the laws of the State, 
and, as such, required to take an oath, is for the time be- 
ing a civil officer. What is his character? Is he a civil 
officer of the State or a civil officer of the United States? 
If he is a civil officer of the State, where is the Federal 
power under our constitution which authorizes his ap- 
pointment by any Federal officer? If, however, he is to 
be considered a civil officer of the United States, as his 
appointment and oath would seem to indicate, where is 
the authority for his appointment vested by the consti- 
tution? The power of appointment of all officers of the 
United States, civil or military, where not provided for 
in the constitution, is vested in the President, by and 
with the advice and consent of the Senate, with this ex- 
ception, that Congress "may by law vest the appoint- 
ment of such inferior officers as they think proper in the 
President alone, in the courts of law, or in the heads of 
Departments." But this bill, if these are to be consid- 



194 Confederate Records 

ered inferior officers within the meaning of the consti- 
tution, does not provide for their appointment by the^ 
President alone, or by the courts of law, or by the heads 
of departments, but vests the appointment in one subor- 
dinate executive officer, subject to tlie approval of 
another subordinate executive officer. So that, if we put 
this question and fix the character of this military ap- 
pointee either way, this provision of the bill is equally 
opposed to the constitution. 

Take the case of a soldier or officer appointed to per- 
form the office of judge in one of these States, and, as 
such, to administer the proper laws of the State. Where 
is the authority to be found in the Constitution for vest- 
ing in a military or an executive officer strict judicial 
functions to be exercised under State law? It has been 
again and again decided by the Supreme Court of the 
United States that acts of Congress which have attemp- 
ted to vest executive powers in the judicial courts or 
judges of the United States are not warranted by the 
Constitution. If Congress can not clothe a judge with 
merely executive duties, how can they clothe an officer or 
soldier of the army with judicial duties over citizens of 
the United States who are not in the military or naval 
ser^^ice? So, too, it has been repeatedly decided that 
Congress can not require a State officer, executive or 
judicial, to perform any duty enjoined upon him by a law 
of the United States. How, then, can Congress confer 
power upon an executive officer of the United States to 
perform such duties in a State! If Congress could not 
vest in a judge of one of these States any judicial au- 
thority under the United States by direct enactment, how 
can it accomplish the same thing indirectly, by removing 



Reconstruction Acts— President's Vetoes 195 

the State judge and putting an officer of the United 
States in his place? 

To me these considerations are conclusive of the un- 
constitutionality of this part of the bill now before me, 
and I earnestly commend their consideration to the de- 
liberate judgment of Congress. 

Within a period less than a year the legislation of 
Congress has attempted to strip the executive depart- 
ment of the government of some of its essential powers. 
The constitution and the oath provided in it devolve 
upon the President the power and duty to see that the 
laws are faithfully executed. The constitution, in order 
to carry out this power, gives him the choice of the 
agents, and makes them subject to his control and super- 
vision. But in the execution of these laws the constitu- 
tional obligation upon the President remains, but the 
power to exercise that constitutional duty is effectually 
taken away. The military commander is as to the power 
of appointment made to take the place of the President, 
and the General of the army the place of the Senate; and 
any attempt on the part of the President to assert his 
own constitutional power may, under pretense of law, be 
met by official insubordination. It is to be feared that 
these military officers, looking to the authority given by 
these laws rather than to the letter of the Constitution, 
will recognize no authority but the commander of the 
district and the General of the army. 

If there were no other objections than this to this 
proposed legislation, it would be sufficient. Whilst I 
hold the Chief Executive authority of the United States, 
whilst the obligation rests upon me to see that all the 
laws are faithfully executed, I can never willingly sur- 



196 Confederate Records 

render that trust or the powers given for its execution. 
I can never give my assent to be made responsible for 
the faithful execution of laws, and at the same time sur- 
render that trust and the powers which accompany it to 
any other executive officer, high or low, or to any number 
of executive officers. If this executive trust, vested by 
the eonsltitution in the President, is to be taken from him 
and vested in a subordinate officer, the responsibility will 
be with Congress in clothing the subordinate with un- 
constitutional power and with the officer who assumes 
its exercise. 

This interference with the constitutional authority 
of the executive department is an evil that will inevitably 
sap the foundations of our federal system; but it is not 
the worst evil of this legislation. It is a great public 
wrong to take from the President powers conferred oi; 
him alone by the constitution, but the wrong is more 
flagrant and more dangerous when the powers so taken 
from the President are conferred upon subordinate 
executive officers, and especially upon military officers. 
Over nearly one-third of the States of the Union military 
power, regulated by no fixed law, rules supreme. Each 
one of the five district commanders, though not chosen 
by the people or responsible to them, exercises at thi» 
hour more executive power, military and civil, than the 
people have ever been willing to confer upon the head ot 
the executive department, though chosen by and respon- 
sible to themselves. The remedy must come from the 
people themselves. They know what it is and how it is 
to be applied. At the present time they can not, accord- 
ing to the forms of the constitution, repeal these laws; 
they can not remove or control this military despotism. 
The remedy is, nevertheless, in their hands; it is to be 



Reconstkuction Acts — President's Vetoes 197 

found in the ballot, and is a sure one if not controlled by 
fraud, overawed by arbitrary power, or, from apathy on 
their part, too long delayed. With abiding confidence in 
their patriotism, wisdom, and integrity, I am still hope- 
ful of the future, and that in the end the rod of despotism 
will be broken, the armed heel of power lifted from the 
necks of the people, and the principles of a violated con- 
stitution preserved. 

Andrew Johnson. 



In the House of Representatives, U. S., 

July 19th, 1867. 

The President of the United States, having returned 
to the House of Representatives, in which it originated, 
the bill entitled ''An act supplementary to an act entit- 
led 'An act to provide for the more efficient government 
of the Rebel States,' passed on the second day of March, 
eighteen hundred and sixty-seven, and the act supple- 
mentary thereto passed on the twenty-third day of 
March, eighteen hundred and sixty-seven," with his ob- 
jections thereto, the House of Representatives proceeded, 
in pursuance of the Constitution, to reconsider the same ; 
and 

Resolved, That the bill do pass, two-thirds of the 
House of Representatives agreeing to pass the same. 

Attest 

Edwd. McPherson, 

Clerk H. R. V. S. 



198 Confederate Records 

In the Senate of the United States, 

July 19, 1867. 

The Senate having proceeded, in pursuance of the 
Constitution, to reconsider the bill entitled "An act sup- 
plementary to an act entitled 'An act to provide for the 
more eflScient government of the rebel States,' passed on 
the second day of March, eighteen hundred and sixty- 
seven, and the act supplementary thereto, passed on the 
twenty-third day of March, eighteen hundred and sixty- 
seven," returned to the House of Representatives by the 
President of the United States, with his objections, and 
sent by the House of Representatives to the Senate, with 
the message of the President returning the bill : 

Resolved, That the bill do pass, two-thirds of the 
Senate agreeing to pass the same. 

Attest: 

J. W. Forney, 

Secretary. 

By W. J. McDonald, 

Chief Clerk. 



JOUENAL 
OF THE PROCEEDINGS 

OF THE 

CONSTITUTIONAL CONVENTION 

OF THE 

PEOPLE OF GEORGIA. 



held in the city of atlanta in the months of decembeb, 
1867, and january, febeuaey and mabch, 1868. 

And Ordinances and Resolutions Adopted. 



Published by Order of the Convention. 



200 Confederate Records 



JOURNAL OF THE CONSTITUTIONAL CONVENTION 
OF GEORGIA. 



Atlanta, Ga., Monday Dec. 9, 1867. 

At the hour of 11 o'clock a. m., the members elect to 
the Convention, assembled in the City Hall, and were 
called to order by Hon. G. W. Ashbum, of Muscogee. 

Mr. Ashburn nominated Hon. Foster Blodgett, of 
Richmond, as temporary Chairman, for the purpose of 
temporary organization. 

The nomination was seconded, and ratified by a vote 
of the delegates. 

Mr. Blodgett being absent, on motion of Mr. Parrott, 
Hon. J. L. Dunning was called to the Chair. 

On motion of Mr. Conley, Hon. Walter L. Clift was 
requested to act as temporary Secretary. 

Mr. Conley moved that Order 89 of General Pope, 
convening the Convention, be read. The motion was 
adopted, and the Order read by the Secretary. 

Headquarters Third Military District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., Nov. 19, 1867. 
General Orders, No. 89. 

Whereas, by General Orders No. 69, from these Head- 
quarters, dated September 19, 1867, an Election was 



JouENAi. Constitutional Convention 1867-68 201 

ordered to be held in the State of Georgia, on the 
Twenty-ninth, Thirtieth, and Thirty-first days of October, 
1867, and by General Orders No. 83, said Election was 
continued on the First and Second days of November, 
1867, at which Election, in pursuance of an Act of Con- 
gress, entitled ''An Act to provide for the more efficient 
government of the rebel States," and the Acts supple- 
mentary thereto, the registered voters of said State might 
vote "For a Convention," or "Against a Convention,'* 
and for delegates to constitute the Convention in case a 
majority of the votes given on that question should be 
for a Convention, and in case a majority of all the regis- 
tered voters should have voted on the question of a Con- 
vention. ^ 

And, whereas, At an election held in pursuance of 
said Orders, and in conformity to said Acts, there were 
polled on the question of a Convention votes to the num- 
ber of One Hundred and Six Thousand Four Hundred 
and Ten (106,410), being more than one-half of One Hun- 
dred and Eighty-Eight Thousand Six Hundred and 
Forty-Seven (188,647), the whole number of registered 
voters in said State; and of the whole number of votes 
polled on the question of a Convention, One Hundred and 
Two Thousand Two Hundred and Eighty-Three Q02,- 
283), being a majority of the same, were cast for a Con- 
vention. 

And, whereas, at said Election the following named 
persons were elected as Delegates to said Convention 
from the respective Election Districts in which they were 
so chosen: 

From the First Election District — C. H. Hopkins, 



202 Confederate Records 

James Stewart, A. A. Bradley, Walter L. Clift, Isaac 
Seeley, W. H. D. Reynolds, M. H. Bentley, A. L. Harris. 

From the Second Election District — T. Gr. Campbell, 
William A. Goulding. 

From the Third Election District — A. M. Moore. 

From the Fourth Election District — F. M. Smith. 

From the Fifth Election District-P. B. Bedford. 

From the Sixth Election District— Levi J. Knight, 
Lewis H, Roberts. 

From the Seventh Election District — M. C. Smith, W. 
C. Carson, J. L. Cutler. 

From the Eighth Election District — R. H. Whiteley, 
B. F. Powell, John Higden. 

From the Ninth Election District — H. H. Christian, 
William W. Dews, Charles C. Martin. 

From the Tenth Election District — John Murphy, F. 
0. Welch, Phillip Joiner, Benjamin Sikes. 

From the Eleventh Election District — W. H. Noble, J. 
A. Jackson, Robert Alexander, John Whitaker. 

From the Twelfth Election District— J. E. Blount, 
Thomas Crayton, G. W. Chatters. 

From the Thirteenth Election District — H. K. McCay, 
J. E. Hall, F. Snead, Robert Lumpkin, Jesse Dinkins. 

From the Fourteenth Election District— S. F. Salter, 
J. W. Trawick, Simeon Stanley, J. M. Buchan. 

From the Fifteenth Election District — ^A. J. Cameron. 



JouKNAL Constitutional Convention 1867-68 203 

From the Sixteenth Election District — George Lin- 
der, E. W. Lane. 

From the Seventeenth Election District — J. A. Mad- 
den, J. M|. Rice, Bohert Whitehead, M. Claiborne, H. H. 
Glisson. 

From the Eighteenth Election District^-E. B. Bui- y 
lock, Benjamin Conley, Foster Blodgett, J. E. Bryant, S. 
W. Beaird, Alexander Stone, John Neal. 

From the Nineteenth Election District — D. P. Bald- 
win, Joseph Adkins, Robert Crnmbley, John W. T. 
Catching, Henry Strickland. 

From the Twentieth Election District — C. H. Prince, 
George Wallace, C. C. Richardson, Daniel Palmer, W. 
H. Harrison, W. C. Supple. 

From the Twenty-first Election District — Samuel 
Gove, William Griffin, Charles Hooks, Thomas Gibson. 

From the Twenty-second Election District — G. G. 
Wilbur, M. A. Potts, F. Wooten, A. Bowdoin, T. J. Speer, 
W. J. Howe, M. Cooper, H. M. Turner. 

From the Twenty-third Election District — Posey 
Maddox, 0. H. Walton, S. A. Cobb, J. H. Anderson, 
William P. Edwards. 

From the Twenty-fourth Election District — G. W. 
Ashburn, J. G. Maul, Thomas Gilbert, Van Jones, J. C. 
Casey. 

From the Twenty-fifth Election District — William 
Guilford, T. J. Costin, L. L. Stanford, Samuel Williams, 
E. J. Higbee. 



204 Confederate Recobds 

From the Twenty-sixth Election District — W. H. 
Whitehead, W. H. Rozar, S. T. W. Minor. 

From the Twenty-seventh Election District — John 
Harris, J. W. Christian, N. P. Hotchkiss, C. D. Davis, 
James C. Barton. 

From the T,wenty-eighth Election District — H. S. 
Glover, William F. Jordan, J. R. Hudson, T. P. Saffold, 
A. G. Foster. 

From the Twenty-ninth Election District — D. G. Cot- 
ting, Lewis Pope, Josiah Sherman, James Knox, Romu- 
lus Moore. 

From the Thirtieth Election District— A. T. Aker- 
man, J. McWhorter, E. S. Cobb, J. Bell. 

From the Thirty-first Election District— S. W. 
Crawford, Philip Martin, W. F. Bowers. 

From the Thirty-second Election District — Milton 
Moore, J. A. Woody. 

From the Thirty-third Election District — Madison 
Bell. Wm. L. Marler, Benjamin Dunnigan. 

From the Thirty-fourth Election District — J. Mat- 
thews, B. D. Shumate, S. E. Dailey, Shadrick Brown, J. 
R. Bracewell. 

From the Thirty-fifth Election District— H. V. M. 
Miller, James L. Dunning, N. L. Angier, J. H. Flinn, W. 
C. Lee, H. G. Cole, David Irwin. 

From the Thirty-sixth Election District — J. W. Key. 
P. W. Chambers, J. S. Bigby, W. C. Smith, J. C. Bowden. 



JouKNAL Constitutional C onvention 1867-68 205 

From the Thirty-seventh Election District — John H. 
Caldwell, Robert Robertson, George Harlan, A. H. Har- 
rison, E. B. Martin. 

From the Thirty-eight Election District — T. J. Fos- 
ter, J. D. Waddell, R. B. Hutcherson. 

From the Thirty-ninth Election District — J. G. Lett, 
S. T. Houston, A. W. Holcombe. 

From the Fortieth Election District — ^W. T. Crane, 
John Bryson. 

From the Forty-first Election District — C. A. Elling- 
ton, AVilkey McHan. 

From the Forty-Second Election District — Wesley 
Shropshire, J, R. Parrott, W. L. Goodwin, George B. 
Burnett, Wm. A. Fort. 

From the Forty-third Election District— L. N. Tram- 
mell, John H. King, S. E. Fields. 

From the Forty-fourth Election District — Presley 
Yates, John M. Shields. 

It is ordered : That the persons above named do meet 
in Convention, at Atlanta, Georgia, Monday, the Otli day 
of December, 1867, and proceed to frame a Constitution 
and Civil Government for the State of Georgia, accord- 
ing to the provisions of the Acts above referred to, and 
that when the same shall have been so framed, the said 
Constitution be submitted for ratification to the regis- 
tered voters of said State as further required by law. 

John Pope^ 
Brevet Major General Commanding. 
Official: 

R. C. Deum, a. a. G. 



206 Confederate Recoeds 

Mr. Blount moved that the roll be called and the 
absentees marked. 

The motion having prevailed, the Secretary called the 
roll and reported one hundred and thirty members pres- 
ent. 

Mr. Akerman offered the following : 

Resolved, That the roll of delegates be called, and 
the members present vote for President of the Conven- 
tion viva voce, and that the gentleman receiving the 
largest number of votes be the permanent President of 
the Convention. 

Mr. Campbell offered the following amendment : 

Resolved, That the members present, who have 
aspirations for the honor of President of the Conven- 
tion, be requested to define their position on the subject 
of Relief. 

The amendment was neither accepted by the mover of 
the Resolution or seconded. 

Mr. Bryant moved that the Convention adjourn till 
to-morrow 12 o'clock. 

The motion was lost by a vote of yeas 62 to nays 64. 

Mr. Bradley moved to lay the Resolution on the table. 

Carried. 

On motion of Mr. Bryant the Convention adjourned 
till to-morrow 12 o'clock m. 



Journal, Constitutional, Convention 1867-68 207 

Atlanta, Ga., Tuesday, Dec. 10, 1867. 

The Convention met at 12 o'clock m., pursuant to ad- 
journment. 

Mr. Dunning having called the Convention to order, 
and having announced the presence of Hon. Foster Blod- 
gett, who had on yesterday been elected temporary 
Chairman of the Convention, then requested Mr. Blod- 
gett to take the Chair. 

Mr. Blodgett took the Chair and addressed the Con- 
vention as follows: 

Gentlemen of the Convention: 

I am profoundly sensible of the honor conferred on 
me, in being chosen to provide temporarily over your 
body at this conjuncture of public affairs. 

A new era has dawned upon the country. This great 
Republic has risen to the full grandeur of its position, 
and promises to fulfill its glorious destiny. The prin- 
ciples of the Declaration of Independence have, at 
length, been vindicated; no longer are they obscured in 
one half of the Union, by the existence of an institution 
which was a reproach alike to freedom and to civiliza- 
tion. It is now recognized as a great practical as well as 
theoretical truth, throughout the wide extent of our 
country, that "all men are created equal, that they are 
endowed by their Creator with certain unalienable rights 
— that among these are life, liberty, and the pursuit of 
happiness." The morning sun, as it rises in the east, 
gilds the flag of Freedom, and as it descends beneath the 
waves of the Pacific, it sheds its splendor upon shores 
where institutions are seated that promise to spread the 



208 Confederate Eecords 

priceless blessings of regulated liberty over the distant 
nations that have so long dwelt apart from modern civi-j 
lization. 

It is to be regretted that so many of our countrymen, 
who have grown up under a system which subjected a 
part of our people to hard and degrading bondage, are 
slow to comprehend and to acknowledge this great fact. 
They cling to the ruins of a structure that now belongs 
to the past. They are under the dominion of ideas that 
no longer are represented in this country; ideas that are 
fast disappearing from the civilized world. The great 
struggle through which the country has just passed was 
the natural, and may be the necessary result of the ad- 
vance of the Eepublic in the career of civilization. It 
was simply impossible much longer to resist the pressure 
of the public sentiment of the world against the domestic 
institution of the Southern States of the American 
Union. Those who controlled affairs at the South pre- 
cipitated the result by a vain effort to wrest these planta- 
tion States from the Union — an effort that involved in 
its failure the complete overthrow of that monstrous sys- 
tem which held millions of human beings in a bondage 
that it required a national convulsion to destroy. 

To-day, the Eepublic is free! This Convention is a 
splendid exemplification of the fact. Gentlemen, I tender 
you my congratulations. The whole civilized world 
greets you to-day, assembled as the representatives of 
the people of the free State of Georgia. 

Before entering upon your duties, allow me to make 
a few suggestions in regard to the state of this great 
Commonwealth for which you are about to frame organic 
laws. You are about to adjust the relation of the State 



JouKNAL, Constitutional Convention 1867-68 209 

to other States, so that it may be presently restored to 
the Union — redeemed, regenerated, and disenthralled, by 
the spirit of universal emancipation — never again to 
shoot madly from its orbit, but to move in harmony with 
the other States that compose our Republic, through all 
the coming ages. 

The first subject that will engage your attention is 
one of great moment. The questions which belong to 
what may be called the Science of Political Economy, are 
always surrounded with difficulties. To provide for the 
wants of a great community ; to regulate the supply and 
demand for the people of a State ; to frame measures of 
Legislation so as to relieve the pressing wants of the 
agricultural and commercial classes, so as to render 
them at the same time safe and beneficient, requires wis- 
dom and a large acquaintance with the wants of society, 
even in the midst of ordinary circumstances. But especi- 
ally at this time, when the people of Georgia have un- 
dergone a series of trying events, it is a difficult task to 
agree upon plans for their relief. Relief must he had. 
The whole condition of things is changed. A wealthy 
agricultural people, who lately enjoyed the highest pros- 
perity, are now reduced to a condition of comparative 
poverty. The system of domestic industry has under- 
gone a complete change. Many who lately enjoyed af- 
fluence, who had invested their capital in lands, and who 
controlled at the same time the labor that made them 
yield their most valuable products, find themselves, to- 
day unable to meet the obligations incurred in days of 
prosperity. Some of that class of our people cheerfully 
undertook to conduct plantations under the new order of 
things, so as to meet all the claims upon them faithfully, 
fairly and honestly. But they have not met the success 



210 Confederate Records 

they anticipated. The low price of cotton has not en- 
abled them to meet their engagements. They are op- 
pressed with debts that they find it impossible at this 
time to discharge. Agriculture is the source of all 
wealth. When it prospers, all demands of wealth abound ; 
when it languishes, every interest in the country shares 
the depression. The commercial condition of our people 
is as much depressed to-day as the agricultural. Our 
merchants were hopeful, and they purchased goods, with 
the reasonable expectation of supplying the wants of the 
planters and others, to the advantage of all parties. They 
were enterprising, energetic men, and deserve to succeed. 
But we witness the extraordinary spectacle of a general 
depression in all the departments of business, at a time 
when a large cotton crop is in the market. I shall not 
undertake to enter upon a discussion of the causes that 
have produced this state of things. I only wish to bring 
to your attention the fact that the condition of our peo- 
ple, of all classes, demands from this body some meas- 
ures of relief. Your wisdom will doubtless enable you to 
provide means for the accomplishment of this object. I 
must not take leave of this subject without expressing 
my own settled conviction that nothing can be done to 
restore real prosperity until the plan of Reconstruction 
is accomplished, and this great Commonwealth once more 
takes its place in the Union and seeks protection under 
the aegis of the Republic. Then will capital flow into 
our midst; then will our population increase; then will 
the channels of commerce be opened, and wealth will 
roll through them. Let us hope the day is not distant 
when we shall witness that glorious consummation. 

It is proper, too, gentlemen, that you should direct 
your attention to the preparation of means to secure, for 



Journal. Constitutional, Convention 1867-68 211 

all classes of our people, the benefits of education. This 
is essential to our happiness and prosperity. You can- 
not be too liberal in devising plans to secure the existence 
of Common Schools throughout the entire State. Th& 
waters of life should be open to all. It was estimated, 
some few years since, that the State of Massachusetts 
alone expended more money for the promotion of educa- 
tion than the British Empire. The world has witnessed 
the result of that wise outlay. Never was there an in- 
vestment that repaid so richly. Not only have the peo- 
ple been enlightened, but the State has been enriched. 
Devise liberally, gentlemen ; mature a system so compre- 
hensive as to embrace all our people, and lay the founda- 
tion deep to support it. 

Nor should you overlook the wants of the scholar in 
the higher departments of learning. The University and 
the Common Schools help each other. There need be no 
rivalry between them. There is a generous sympathy 
between scholars of every degree. Science requires the 
existence of these establishments where years are devoted 
to the study of its several branches. But first and fore- 
most, take care to secure the continued existence of your 
Common Schools, from the mountains to the seaboard. 

In all that we do here, gentlemen, let us remember 
that we owe a duty to our country, to ourselves, and to 
Christian civilization. The task upon which we are 
about to enter is a noble one. We enter upon it, I trust, 
in the right spirit. We bring no resentments with us ; we 
have no wrongs to avenge — no enemies to punish. 
Friends of the human race, we shall seek to lay the foun- 
dation of a structure which shall attest that we are not 
unworthy to frame the organic law of Georgia, whose 



212 Confederate Records 

motto is, ''Wisdom, Justice and Moderation." We shall 
hope to be guided by Him who rules the Universe, and 
who, while He preserves the planets in their sweep 
through the vast regions of space, cares even for tlie 
sparrow that seeks its feed from His hand, in the win- 
ter's storm. 

Some have assailed us with taunts and jeers; others 
greet us with cheering smiles. It is too true that some 
of these who were most active in bringing upon the 
country the troubles from which it is just emerging, have 
not been able to take a comprehensive view of the pres- 
ent state of public affairs ; they can not emancipate them- 
selves from their prejudices. But we can not stay to 
quarrel with such men. They may stand and rail at us, 
and strive to distract us from our patriotic labors; but 
we are engaged in a great work, and can not go down to 
them — ^we are building up the walls of a great State. 

Some have expressed apprehension of a war between 
the races that inhabit these Southern States. We do not 
share their anxiety. We are living under a Christian 
civilization that breathes its beneficient counsels into our 
hearts. It is all important that the two races shall live 
in harmony, and go on in a career of happiness and pros- 
perity, side by side. There must be no conflict between 
capital and labor; the land owners and the laborers 
should be friends; they must strive to advance the inter- 
est of each other. Let no prescriptive spirit sway our 
counsels or dictate our measures. We must be wise— we 
must be just— we must let our moderation be seen m all 
that we do. 

Gentlemen, I will no longer detain you from your 
duties. Citizens of a great State, we seek to restore its 



Journal, Constitutional Convention 1867-68 213 

relations to the Union. It will henceforth be a Free 
State — it will forever be a member of the American 
Union. 

The roll was called, and one hundred and forty mem- 
bers answered to their names. 

Mr. Campbell introduced the following: 

Resolved, That persons not members of this Conven- 
tion retire beyond the bar of the Convention, and that 
the Convention proceed to vote, by ballot, for permanent 
officers. 

Resolved, That all aspirants for the office of Presi- 
dent send in their names to the desk, and that all such 
be requested to define their position on the subject of 
Relief and Suffrage. 

Mr. Akerman moved to lay the Resolutions on the 
table, which motion was carried. 

The Resolution offered by Mr. Akerman on yesterday 
was taken up, read and passed, as follows: 

Resolved, That the roll of delegates be called im- 
mediately, and that the members present vote viva voce 
for permanent President of the Convention, and that the 
person having the majority of votes be elected. 

Mr. Caldwell nominated Hon. J. R. Parrott for Presi- 
dent. 

Hon. J. L. Dunning was also nominated for the same 
office. 



214 Confederate Kecobds 

On the first ballot Hon. J. R. Parrott received 103 
votes, Hon. J. L. Dunning 46, and Hon. David Irwin 2. 

On motion the election of Col. Parrott was made un- 
animous, and he was declared to be permanent President 
of the Convention. 

Mr Blount moved that a Committee of three be ap- 
pointed to conduct Mr. Parrott to the Chair. The motion 
was carried, and Messrs. Blount, Ashbum, and Miller 
were appointed on that Committee. 

On taking the Chair, Mr. Parrott addressed the Con- 
vention as Follows : 

Gentlemen of the Convention : 

It is with sentiments of profound gratitude that I ac- 
cept the honor which you have conferred upon me, and I 
may add, with sentiments of much embarrassment that I 
enter upon the important duties to which you have as- 
signed me ; but impressed with the honesty and purity of 
my motives, and believing that I shall be sustained by 
your kindness, your forbearance, and your charity, even 
with the slightest experience in the discharge of the 
duties of such bodies as this, I have no misgivings as to 
the faithful performance of the duties of this important 
trust. 

This, my fellow-countrymen, is perhaps one of the 
most important eras that has ever marked the history of 
Georgia. We have assembled for the purpose of making 
fundamental law for the government of our fellow- 
countrymen and ourselves, and for the discharge of a 
great and important trust. It is now to be determined 



Journal, Constitutional Convention 1867-68 215 

whether we have honesty, integrity and abiUiy sufficient 
to perforin this trust. It is a matter of tho utmost im- 
])or lance that our work shall be done well, because as the 
telegraph shall flash the tidings throughout the length 
and breadth of our great country, it will gladden every 
patriotic heart to know that liberty still lives in our 
grand oid Commonwealth. 

.Ml parlies iire looking with intense anxiety to our 
deliberations; the enemies of this Convention are watch- 
ing with envious eyes to see whether we shall be able to 
meet public expectation, and to form a Constitution 
which shall be for the benefit of ourselves, our State, and 
the whole country ; and if there is one single seam in our 
harness the enemy's dagger will be ready to find it, and 
stab us to the heart ; but if we can so manage our affairs so 
as to conform to the glorious motto of our State in better 
days, before war had ever desolated our homes and slain 
our sons ; if we shall be guided by Wisdom, Justice and 
Moderation, we shall have nothing to fear. All will be 
well. 

The Republican party of the nation is waiting with 
intense anxiety the movements of this body. Our friends 
will soon be able to determine whether we shall be a bur- 
den upon them, and give our enemies weapons with which 
to wage war upon them, or aid them in the great work of 
restoring our State to her place in the Union. 

We should do no act that will tend to rend again the 
deep and ghastly wounds made by the late war, which 
have almost cicatrized, but we should pour upon them 
the soothing balm of forgetfulness and charity, so that 
they shall be healed and leave no scar. In looking over 
this body, and in recurring to the recent gloomy past, I 



216 Confederate Records 

feel like one, who against his will, had been torn from 
his home and embarked upon an miseaworthy vessel and 
she swung from her moorings and launched upon a 
stormy sea, and rolled and dashed upon the billows foi 
many dreary years, without compass or rudder, but now 
taken in tow by a magnificent ship, with her streamers 
flying and her canvass filled with steady winds, and the 
shore of my long lost land rising to my view in the dis- 
tance, and I can cry home, almost home. 

Many of us have come here from amongst a people 
who have spurned us and spit upon us, simply because we 
have advocated the settlement of the questions which 
have torn asunder the ties of friendship, and engendered 
the bitterest passions and prejudices amongst a war- 
ruined people. The bitter and proscriptive spirit mani- 
fested toward us by our neighbors, because we desire 
that our State shall be placed upon an equal footing with 
her sisters in the Union, should not influence our action, 
and we should not become maddened by passion and act 
foolishly because those opposed to us so act. We should 
form a State Grovernment, for an unwilling people, based 
upon the soundest principles of justice and patriotism, 
and in governing them rescue human liberty from the 
grave, and prevent them from trampling us under foot. 

When men are governed by their passions, they gen- 
erally do wrong, hence the constant prayer of each dele- 
gate to this Convention should be that he may not be in- 
fluenced by the loves and hates that must perish with the 
hour that gives them birth, but that he may have serenity 
of temper, cool courage, unshaken firmness, sound judg- 
ment, and pure patriotism, that his works may shine 
brighter as the years shall roll on. Let us so act that 



Journal Constitutional Convention 1867-68 217 

when we return to those who have confided to us this 
great trust, they may well say: ''Well done, good and 
faithful servants." 

We find Georgia as the great Hollander found Eng- 
land in 1688. Let us, like him, call to our aid the wisest 
and best men in the land, not to build up a party or 
punish enemies, but to save the State. If we have 
amongst us a Halifax, a Burnett, a Danby, and a Netting- 
ham, let us call them to our aid, and every interest will 
be fostered and every wound will be healed, and we shall 
make Georgia what William of Orange made England — 
the pride of all her sons. 

In closing this extemporaneous address, let me assure 
you that the Convention must succeed in the accomplish- 
ment of the object for which it has been called, and to 
attain this glorious end, order mu^t prevail in your de- 
liberations, and you must confine your action to its 
proper sphere. Your presiding officer cannot preserve 
order without your hearty co-operation ; therefore let me 
ask the aid of each of you in this work. 

In closing these crude remarks, let me assure you 
that my earnest effort will be to treat all with the kindest 
courtesy and the strictest impartiality. 

Mr. P. M. Sheibley, of Floyd, was elected Secretary, 
and Mr. A. E. Marshall, of Monroe, was elected assistant 
Secretary. 

On motion the Convention adjourned till 10 o'clock 
tomorrow morning. 



218 Confederate Records 

Atlanta, Ga., Wednesday, Dee. 11, 1867. 

The Convention met at 10 o'clock a. m., and was 
opened with prayer by Rev. Mr. Prettyman. 

The Journal of yesterday was read and approved. 

M. J. llinton was elected Sergent-at-Arms ; William 
H. DeLyon, Doorkeeper; T. G. Campbell, Jr., Messen- 
ger; and Rev. Wesley Prettyman, Chaplain. 

Mr. Akerman offered the following: 

Resolv-ed, That in view of the afflicted condition of 
the people of Georgia, especially of the agricultural and 
laboring classes, which is greatly aggravated by the 
recent depression in the price of our principal exports, 
this Convention does respectfully, but most earnestly, 
request the Congress of the United States, as a measure 
of policy, conciliation, justice and humanity, to repeal 
the special tax on cotton ; the repeal to operate on the 
crop of the year 1867. 

Resolved, That the President of the Convention be 
directed to transmit copies of these Resolutions to the 
President of the Senate and Speaker of the House of Rep- 
resentatives of the United States, with a request that they 
be presented to these bodies. 

Mr. Costin moved to take up the Resolutions. The 
motion was carried. 

Mr. Richardson moved to lay them on the table. 
Carried. 

Mr. Conley offered the following : 

Resolved, That the Secretary of this Convention tele- 
graph to the Provisional Governor of Georgia, request- 



Journal. Constitutional Convention 1867-68 219 

ing him to forward for the use of the Convention, two 
hundred copies of the pamphlet containing the proceed- 
ings of the Convention of 1865, including the Constitu- 
tion as adopted in said Convention, if that number of 
copies are in his possession. 

On motion the Resolution was taken up, and passed. 

Mr. Costin offered the following: 

Resolved, That the Messenger be authorized to fur- 
nish this Convention with water. 

The Resolution was laid on the table. 

Mr. Blount offered the following: 

Resolved, That a Committee of three be appointed by 
the President, to draft Rules of Order for this Conven- 
tion ; and to have them printed for the use of said Con- 
vention as early as possible; and that the names of the 
delegates of the Convention be printed with the Rules. 

On motion the Resolution was taken up, and adopted. 

In pursuance of this Resolution, the President ap- 
pointed Messrs. Blount, Waddell, and McCay. 

Mr. Speer offered the following: 

Resolved, That the Messenger be directed to furnish 
seats and desks on the floor of the Hall to all Reporters 
of the Press, and that all persons, except the officers of 
the Convention, be excluded from the main body of the 
Hall. 

Mr. Hopkins offered the following as a substitute for 
the Resolution of Mr. Speer; 

Resolved, That all Proprietors and Reporters of the 



220 Confederate Records 

Press be allowed seats on this floor, provided they do 
not abuse the privilege. 

Mr. Dunning offered the following as a substitute for 
the original of Mr. Speer and the substitute of Mr. Hop- 
kins: 

Resolved, That all bona fide representatives of the 
Press shall have and hold seats in this Convention, so 
long as they do not misrepresent the action of members, 
or the proceedings of this body. 

The substitute of Mr. Dunning was adopted. 

Mr. Hopkins offered the following: 

Resolved, That General Pope, General Sibley, and all 
their staff officers, and Colonel Hulbert and his staff 
officers, be invited to seats on this floor. 

On motion the Resolution was taken up, and adopted. 

Mr. Bullock offered the following: 

Resolved, That a Committee of seven be appointed by 
the President to wait on General Pope, Commanding the 
Third Military District, and inform him that, in obed- 
ience to General Order No. 89, this Convention is now 
assembled and organized, and invites his presence in tho 
Convention at his pleasure. 

The Resolution was taken up and adopted, and the 
President, in pursuance thereof, appointed Messrs. 
Bullock, Ashburn, Miller, Trammell, Costin, Whiteley, 
and Turner. 

On motion the Convention adjourned till 10 o'clock a. 
m., tomorrow. 



Journal Constitutional Convention 1867-68 221 
;Atlanta, Ga., Thursday, Dec. 12, 1867. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain . 

On motion of Mr. Waddell the call of the roll was dis- 
pensed with. 

The Journal of yesterday was read. 

Mr. Harris gave notice that he would move a recon- 
sideration of so much of the Journal as relates to the 
action of the Convention on the Resolution of Mr. Aker- 
man relative to the Cotton Tax. 

Mr. Adkins gave notice that he would move to re- 
consider the action of the Convention on the Resolution 
inviting Governors and ex-Governors to seats in the 
Hall. 

On motion of Mr. Akerman the Journal was amended 
so as to read in the words of his Resolution relative to 
the Cotton Tax. 

On motion of Mr. Prince the name of Mr. Richardson 
was inserted in the Journal instead of that of Mr. Saffold 
on the motion to adjourn. 

Mr. Harris then moved to reconsider the action of 
the Convention on the subject of the Cotton Tax. 

Mr. Richardson moved to lay the motion on the 
table. 

Mr. Safford rose to point of order on the proposition 
to lay the motion to reconsider on the table. 

The President overruled the point of order, where- 
upon Mr. Saffold appealed thereform. 



222 



Confederate Records 



The decision of the President was sustained. 

Upon the question of reconsideration the yeas and 
nays were demanded. 

Those who voted in the affirmative, are Messrs. 



Adkins, 




Jones, 


Alexander, 




Linder, 


Ashburn, 




Maddox, 


Bentley, 




Moore, 


Beaird, 




Murphy, 


Baldwin, 




Noble, 


Bryant, 




Pope, 


Bullock, 




Prince, 


Campbell, 




Rejmolds, 


Casey, 




Richardson, 


Clift, 




Rozar, 


Chatters, 




Sikes, 


Claiborne, 




Shennan, 


Dunning, 




Stewart, 


Gilbert, 




Supple, 


Goulding, 




Wallace, 


Harris, 




Welch, 


Harrison, 




Whitehead, 


Joiner, 




Woodey. 


Those who voted in 


the negative, are Messrs. 


Akerman, 




Buchan, 


Angier, 




Burnett, 


Bell, 




Carson, 


Bowden of Campbell, 


Cameron, 


Bowden of 


Monroe, 


Catching, 


Bowers, 




Caldwell, 


Blodgett, 




Christian of Newton, 


Bigby, 




Christian of Early, 


Blount, 




Chambers, 


Bracewell, 




Cooper, 


Bryson, 




Cobb of Houston, 


Bradley, 




Cobb of Madison, 



Journal Constitutional. Convention 1867-68 223 



Costin, 

Conley, 

Crane, 

Crawford, 

Crumley, 

Cutler, 

Davis, 

Dailey, 

Dews, 

Dunnegan, 

Edwards, 

Ellington, 

Fields, 

Flynn, 

Fort, 

Foster of Morgan, 

Foster of Paulding, 

Glover, 

Goodwin, 

Gove, 

Griffin, 

Harris of Newton, 

Higbee, 

Higden, 

Hooks, 

Hotehkiss, 

Howe, 

Houston, 

Hudson, 

Hoi combe, 

Hutchinson, 

Jackson, 

Jordan, 

Key, 

King, 

Lee, 

Lott, 

Lumpkin, 

Marler, 



Maull, 

Mathews, 

Martin of Calhoun, 

Martin of Carroll, 

Martin of Habersham, 

McHan, 

McCay, 

Minor, 

Miller, 

McWhorter, 

Moore of Pierce, 

Moore of White, 

Neal, 

Potts, 

Powell, 

Roberts, 

Robertson, 

Saffold, 

Saulter, 

Shields, 

Seeley, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Stanford, 

Stanley, 

Strickland, 

Trammell, 

Trawick, 

Turner, 

Walton, 

Waddell, 

Wilbur, 

Whiteley, 

Williams, 

Yates. 



224 Confederate Records 

There are yeas 38; nays 102. So the motion to re- 
consider did not prevail. 

Mr. Hopkins was excused from voting on the fore- 
going proposition. 

The motion of Mr. Adkins to reconsider the action of 
the Convention on the Resolution tendering seats in the 
Hall to the Grovernors and ex-Governors, was taken up 
and lost. 

Mr. Bullock offered the following Ordinance, which, 
on motion was taken up, to-wit: 

Whereas, The question of affording some relief to 
the people of Georgia from the burden of indebtedness 
which is now oppressing them, is likely to be acted upon 
by this Convention at some future day; And, whereas, 
large amounts of property" are now levied on, and about 
to be sacrificed at Sheriff's sales; And, whereas, the 
debtors in such cases should be entitled to the benefits 
which may be conferred on other debtors by the future 
action of this Convention. Therefore, 

Be it Ordained by the people of Georgia in Conven- 
tion assembled, and it is hereby Ordained by authority 
of the same, That from and after the passage of this 
Ordinance, all levies, which have been, or may be made 
under execution issued from any Court of this State, 
shall be suspended until this Convention shall have 
taken, or shall have refused to take, final action on the 
matter of Relief, and that all sales under execution in 
violation of this Ordinance shall be null, void, and of no 
effect. 

Mr. Akerman offered to amend by adding "except in 
cases where levies and sales are authorized by the Act 



JoTJENAL, Constitutional Convention 1867-68 225 

of the General Assembly, passed in December, 1866," 
and moved that the Ordinance and amendment be made 
the special order for Monday next. 

Mr. Hotchkiss offered a substitute for the Ordinance 
and amendment. 

Mr. Eichardson called for the previous question, 
which was sustained. 

The main question was then put, and the Ordinance 
of Mr. Bullock passed without amendment. 

Mr. Blount, Chairman of the Committee on Rules, 
made the following report, which was taken up and read, 
to-wit : 

Rules of the Convention. 

1st. The President having taken the Chair, the 
Convention shall be opened with prayer. A quorum be- 
ing present (to ascertain which the President may order 
the roll to be called, which shall otherwise be omitted) 
the Journal of the preceding day shall be read; im- 
mediately after which, it shall be in the power of any 
delegate to move for reconsideration of any matter 
therein contained (provided such delegate, at the time of 
reading such matter, shall notify the Convention of hia 
intention to move such reconsideration), except such 
matter as has been heretofore reconsidered. 

2d. Every Ordinance or Resolution having been 
passed or lost, and again reconsidered, shall immediately 
thereafter be taken up and finally disposed of in the 
order wherein the same shall have been reconsidered, un- 
less otherwise directed by the Convention. 

3d. No delegate shall interrupt the business of the 



226 Confederate Records 

Convention, by conversation or otherwise, while the 
Journal or public papers are being read, or when any 
delegate is speaking in debate. 

4th. When any delegate is about to speak or deliver 
any matter in the Convention, he shall rise from his seat 
and address himself to the Chair ; he shall confine himself 
to the question under consideration, and at all times 
avoid personality. 

5th. No delegate shall speak more than twice in any 
one debate on the same day, without leave of the Con- 
vention. 

6th. When two delegates rise to speak, the first that 
rises shall be first in order, which shall be determined by 
the President. 

7th. No motion shall be put or debated until the 
same be seconded. 

8th. When a motion is made and seconded, it shall 
be reduced to writing, when required by the President or 
any delegate, delivered in at the table, and read, before 
the same shall be debated. 

9th. When a question is before the Convention, no 
motion shall be received but to adjourn; to lie on the 
table, which is not debatable; to postpone indefinitely, 
which is debatable; to postpone to a certain day during 
the session of the Convention ; to refer ; to amend, which 
several motions shall have precedence in the order they 
stand here arranged. The motion for adjournment shall 
always be in order, and decided without debate ; but the 
motion for adjournment a second time shall be out of 
order until some action is taken by the Convention, after 
the rejection of the former motion to adjourn. 



JouBNAL, Constitutional Convention 1867-68 227 

10th. The previous question being moved and 
seconded by a majority, the question from the Chair 
shall be; "Shall the main question now be put?" and if 
the yeas prevail, the question shall then be put. 

11th. If a question in debate contains several points, 
any delegate may have the same divided. 

12th. When the yeas and nays are called by one-fifth 
of the delegates, each delegate called upon shall (unless 
excused) declare openly, and without debate, his yea or 
nay to the question ; and upon the call of the House, the 
delegates shall be taken by their names, in alphabetical 
order, and no delegate shall be allowed to change his 
vote, after the result has been pronounced by the Chair, 
unless by consent of the Convention. 

13th. When a delegate wishes to introduce an Ordi- 
nance, he shall rise from his seat, address the Chair, read 
the caption, and report the same instanter; and these 
reports, in point of order, shall hold the place of reports 
from Committees; but all Resolutions expressing the 
opinion of the Convention shall lie at least one day on 
the table, unless otherwise ordered by a majority of the 
Convention. 

14th. No Ordinance shall be committed until it shall 
have been twice read, after which it may be referred to 
a Committee. 

15th. When a delegate is called to order, he shall 
take his seat until the President shall have determined 
whether he is in order or not, without debate, and if 
there is a doubt in his mind, he may call for the sense of 
the Convention; but any delegate, being dissatisfied 
with the decision of the Chair, may appeal therefrom to 
the Convention. 



228 Confederate Records 

16tli. If a delegate be called to order for words 
spoken, the exceptional words shall be immediately 
taken down in writing, that the President may be better 
enabled to judge of the matter. 

17th. When a blank is to be filled, and different 
sums and different days are proposed, the question shall 
be taken on the highest sum and most distant day first. 

18th. ATI petitions or memorials shall be numbered 
as they are received, and taken up and decided in the 
same order as they were received. 

19th. No delegate shall absent himself from the ser- 
vice of the Convention without leave first obtained; and 
in case a less number than a quorum of the Convention 
shall convene, they are hereby authorized to send the 
Sergeant-at-Arms for any and all absent delegates, as a 
majority of such delegates present shall agree, at the 
expense of such absent delegates respectively, unless 
such excuse for non-attendance shall be made as the Con- 
vention, when a quorum is convened, shall judge suffi- 
cient. 

20th. No delegate shall leave his seat after adjourn- 
ment until the President shall have left the Chair. 

21st. The following shall be the Standing Commit- 
tees of the Convention, and appointed by the President: 
Committee on Privileges and Elections; on Petitions; 
on Enrollment; on Journals. Also the following Com- 
mittees, consisting each of seven members, for the pur- 
pose of preparing a Constitution; on Bill of Rights; 
on Franchise; on Legislative Department; on Executive 
Department; on Judiciary Department; on Education; 
on Militia; on Relief. And there shall be a Committee, 



Journal Constitutional, Convention 1867-68 229 

consisting of the Chairman of preceding Committees, on 
Revision or Consolidation, and the President of the Con- 
vention shall designate the Chairman of the last named 
Committee; a Committee on Printing, and an Auditing 
Committee; and no addition shall be made to the Stand- 
ing Committees of the Convention except by a majority 
vote of the Convention; and a minority of any Commit- 
tee shall have the right to report, provided the majority 
shall fail to do so within a week after reference, unless 
upon good reason shown. 

22nd. The unfinished business in which the Conven- 
tion was engaged at the last preceding adjournment shall 
have precedence in the order of the day. 

23rd. No standing Rule of the Convention shall be 
altered without one day's notice being given expressing 
the intended alteration; nor shall any Rule of the Con- 
vention be suspended except by a vote of two thirds of 
the delegates present. 

24th. The President may at any time call a delegate 
to the Chair to preside over its deliberations. In case of 
indisposition or absence of the President, the Conven- 
tion may elect a temporary Chairman. 

25th. All Ordinances read a second time, and refer- 
red to a Committee of the Whole, shall, unless otherwise 
ordered by the Convention be taken up as reportji v?f the 
Committee. 

26th. Cushing's Manual shall be authority on all 
questions not provided for and not in conflict with the 
foregoing Rules, as far as applicable. 



230 Confederate Records 

Order of the Day. 

I. Unfinished Business of the last adjournment. 

II. The Roll shall be called alphabetically for the 
introduction of New Matter. 

III. Reports of the Committee on the Whole. 

IV. Ordinances of a third reading. 

V. Ordinances of a second reading. 

Mr. Bradley moved to strike out Rule third. The 
motion prevailed. 

On motion of Mr. Akerman the blank was filled by the 
following, to-wit: "No delegate shall interrupt the busi- 
ness of the Convention, by conversation or otherwise, 
while the Journal or public papers are being read, or 
when any delegate is speaking in debate." 

Mr. Akerman moved to amend the ninth Rule by add- 
ing after the word ' ' table, ' ' in the second line, the words 
*' which is not debatable;" also, to amend the parenthetic 
clause of said Rule by striking out the last line and in- 
serting "until some action is taken by the Convention 
after the rejection of the former motion to adjourn." 
The amendments were adopted. 

Mr. Conley moved to amend the tenth Rule by strik- 
ing out the word "majority" and inserting "one-fifth.* 
The motion was lost. 

On motion of Mr. Akerman the twelfth Rule was 
amended b}^ striking out the word "same" and inserting 
in lieu thereof the word "result." 

Rule thirteenth was amended, on motion Mr. Aker- 



Journal Constitutional Convention 1867-68 231 

man, by striking out the words *'on leave" from the 
third line. 

Mr. Hopkins mov«d to amend the fourteenth Rule by 
striking out the word ''twice" and inserting the word 
"once." Motion lost. 

Mr. Conley moved to amend the twentieth section 
by striking out the word "room" and inserting the word 
' ' chair. ' ' Adopted. 

Mr. Bradley moved to amend the eighteenth section 
by striking out all after the word "memorials" and in- 
serting in lieu thereof the words "shall be referred to 
appropriate Committees." The motion was lost. 

Mr. Caldwell moved to amend the twenty-first Rule 
by striking out all after the word "Journals" to the 
words "On Printing," and inserting in lieu thereof the 
words, "also, the following Committees, consisting of 
seven members each, for the purpose of preparing a 
Constitution, to-wit: on Bill of Eights; on Franchise; on 
Legislative Department; on Executive Department; on 
Judiciary Department; on Education; on Militia; on 
Relief. And there shall be a Committee, consisting of 
the Chairman of the preceding Committee, on Revision 
or Consolidation, and the President of the Convention 
shall designate the Chairman of the last named Commit- 
tee." 

Mr. Safford offered the following as a substitute for 
the amendment proposed by Mr. Caldwell, to-wit: 
"There shall be a Committee on Election, on Enrollment, 
on Journals, on Pay and Mileage, on Printing, on Audit- 
ing of Accounts, to consist of five each; and a Committee 
on the Constitution, to consist of one from each Judicial 



232 Confederate Records 

District," which substitute was, on motion of Mr. 
Bryant, laid on the table. 

Mr. Bradley moved to strike out all of the twenty- 
first Rule, which motion was lost. 

The previous question was called and sustained. The 
main question was put and the amendment offered by Mr. 
Caldwell adopted without amendment. 

Mr. Bullock, from the Special Committee appointed 
to wait upon General Pope, and inform him of the or- 
ganization of the Convention, offered the following re 
port, which was, on motion, taken up, read, and received, 
to- wit : 

The Committee of Seven, appointed to wait upon 
General Pope, respectfully report that they have per- 
formed that duty. 

General Pope desired us to convey to the Convention 
an expression of his appreciation of the honor conferred 
on him by this body, inviting his presence, and will, at 
an early day, avail himself of the privilege. 

He congratulates the people of the State upon the 
progress that has been made toward reconstruction, by a 
harmonious organization of the Convention. 

The Committee extended through General Pope an 
invitation to his staff, to General Sibley and staff, to 
General Swayne and staff, and to Colonel Hulbert and 
staff, to visit the Convention at their pleasure. 

All of which is respectfully submitted. 

R. B. Bullock, Chairman. 



JouENAL Constitutional Convention 1867-68 233 

The twenty-first Eule was, on motion, amended by 
striking out the word '* two-thirds " and inserting in 
lieu thereof the words ''a majority." 

On motion of Mr. Akerman the President was re- 
quested to appoint the Chairman of the Committee on 
Revision. 

On motion of Mr. Hopkins the twenty-fourth Eule 
was amended by striking out all after the word ''delib- 
eration." 

The same was further amended, on motion of Mr. 
Bradley, by adding thereto the following: ''That in case 
of indisposition or absence of the President the Conven- 
tion may appoint a President pro tern." 

The twenty-sixth Rule was, on motion, amended by 
inserting the words "for" and "in" the words "when 
not." It was further amended by striking out the word 
"Jefferson's" and inserting in lieu thereof the word 
"Cushing's." 

On motion of Mr. Marler the report, as amended, was 
adopted. 

On motion of Mr. Whiteley it was ordered that a list 
of Delegates, with their Counties and Districts, be 
printed with the Rules of the Convention. 

Mr. Jordan offered the following Resolution, which 
was taken up, read, and agreed to, to- wit: 

Resolved, That all Ordinances and Resolutions shall 
be signed by the President and attested by the Secre- 
tary, which shall be sufficient authenticity. 

On motion of Mr. Speer two hundred copies of the 



234 Confederate Records 

Rules were ordered to be printed, for the use of the Con- 
vention. 

Mr. Hopkins offered an Ordinance for the relief of 
the incoi*})orated Banks and Banking Institutions of the 
State of Georgia and the stockholders thereof, which 
was read the first time. 

Tlie Convention on motion, then adjourned until 
tomorrow morning 10 o 'clock. 



Atlanta, Ga., Friday, Dec. 13, 1867. 

The Convention met pursuant to adjournment, the 
President in the Chair. 

After prayer by the Chaplain, the Secretary pro- 
ceeded to read the Journal. 

Mr. Holcombe gave notice that he would, at the 
proper time, move to reconsider the Ordinance passed 
on yesterday, relating to temporary relief. 

Mr. Akerman gave similar notice. 

Mr. McCay gave notice that he would move to recon- 
sider the twenty-first Rule, adopted on yesterday. 

Mr. Trammell gave similar notice. 

Mr. Bryant moved to correct so much of the Journal 
of yesterday as refers to the twenty-first rule ; which 
Rule was amended by striking out all after the word 
"Journals" and before the words ''on Finance," and 
inserting in lieu thereof the amendment offered by Mr. 
Caldwell; also by striking out the words ''relief on suff- 
rage," which motion was adopted. 



JouENAL, Constitutional Convention 1867-68 235 

Mr. McCay moved to cerrect so much of the Journal 
as refers to the decision of the President and appeal of 
Mr. Saffold: the fact being the President decided the 
motion of Mr. Richardson to be in order ; Mr. Saffold ap- 
pealed from the decision, and upon the appeal the Presi- 
dent was sustained — ^which motion for the correction of 
the Journal was adopted. 

Mr. Bradley moved for a correction of that part of 
the Journal relating to his motion with reference to the 
twenty-first Eule, which was to strike out the rule and 
insert in lieu thereof the amendment offered by Mr. 
Caldwell — which motion for correction was adopted. 

Mr. Akerman moved to correct so much of the Jour- 
nal as refers to the appointment of the Chairman of the 
Committee on Revision, by substituting the name of Mr. 
Ashburn in lieu of his — which motion was adopted. 

Mr. Saffold moved to correct that part of the Jour- 
nal referring to the call for the previous question upon 
the Ordinance granting temporary relief, by substituting 
the name of Mr. Blodgett in lieu of Mr. Richardson's 
which motion was adopted. 

Mr. Dunning offered the following Resolution: 

Resolved, That the Secretary be authorized and in- 
structed to furnish the necessary stationery for the use 
of this Convention, and to employ a sufficient number of 
Clerks to insure a correct and full report of its proceed- 
ings. 

Mr. Whiteley moved to amend by striking out the 
words "a sufficient number of Clerks," and inserting in 
lieu thereof the words "one Enrolling Clerk," which 
motion was accepted. 



236 



Confederate Records 



Mr. Waddell moved to amend by striking out the 
words ''one Enrolling Clerk," and inserting in lieu 
thereof the words ''a sufficient number of Clerks, not to 
exceed seven," which motion was adopted, and the Reso- 
lution as amended passed. 

Mr. Akerman moved to reconsider the Ordinance 
passed on yesterday, granting temporary relief. 

Mr. Brj^ant moved to lay the motion to reconsider on 
the table, which motion was withdrawn. 

Mr. Martin called for the previous question upon the 
motion to reconsider, which call being sustained, Mr. 
Speer called for the yeas and nays, which were ordered 
with the following result: 

Those who voted in the atfirmative, are Messrs. 



Akerman, 

Angier, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowers, 

Bigby, 

Blount, 

Bryson, 

Cameron, 

Hooks, 

Hudson, 

Hutcheson, 

Jordan, 

Key, 

King, 

Lee, 

Linder, 

Lott, 

Christian of Newton, 

Christian of Early, 



Cobb, of Madison, 

Crane, 

Crawford, 

Crumley, 

Cutler, 

Da\'is, 

Dews, 

Dunnegan, 

Ellington, 

Fields, 

Flynn, 

Foster or Morgan, 

Foster of Paulding, 

Glover, 

Gove, 

Griffin, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 



Journal Constitutional Convention 1867-68 237 



Holcombe, 

Maddox, 

Marler, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

McCay, 

Minor, 

Miller, 

McWhorter, 

Powell, 



Roberts, 

Robertson, 

Saffold, 

Shields, 

Smith of Thomas, 

Speer, 

Shropshire, 

Stanford, 

Trammell, 

Whitehead of Butts, 

Yeates, 



Those who voted in the negative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashbum, 

Bedford, 

Bentley, 

Beaird, 

Baldwin, 

Bowden of Campbell, 

Bowden of Monroe, 

Blodgett, 

Bryant, 

Bracewell, 

Bradley, 

Buehan, 

Bullock, 

Burnett, 

Campbell, 

Carson, 

Catching, 

Casey, 

Caldwell, 

Clift, 

Chatters, 



Claiborne, 

Chambers, 

Cooper, 

Cobb of Houston, 

Costin, 

Conley, 

Cray ton, 

Daley, 

Dinkins, 

Dunning, 

Edwards, 

Fort, 

Gibson, 

Gilbert, 

Goodwin, 

Golden, 

Guilford, 

Harris of Chatham, 

Harris of Hancock, 

Hopkins, 

Howe, 

Jackson, 

Joiner, 

Jones, 



238 



Confederate Records 



Knox, 


Seeley, 


Lumpkin, 


Sherman, 


Madden, 


Smith of Clayton, 


Maull, 


Shumate, 


Mathews, 


Stewart, 


Moore of White, 


Supple, 


Murphy, 


Stanley, 


Neal, 


Stone, 


Noble, 


Strickland, 


Palmer, 


T.rawick, 


Pope, 


Turner, 


Potts, 


Walton, 


Prince, 


Wallace, 


Reynolds, 


Welch, 


Rice, 


Wilbur, 


Richardson, 


Whitaker, 


Rozar, 


Whitehead of Burke, 


Saulter, 


Whiteley, 


Sikes, 


Williams. 



There are yeas 64; nays 86. So the motion to recon- 
sider was lost. 

Mr. Foster moved to take up the Resolution having 
reference to the tax on cotton. 

The Resolution was called for, and Mr. Whiteley of- 
fered the following as a substitute, which was accepted 
and adopted: 

Whereas, The successful culture of cotton in Geor- 
gia is essential to the prosperity of the people and the 
full development of the material interests of the State; 
and, whereas, the encouragement given to its production 
abroad during the war has largely increased that pro- 
duction, which has, in connection with other causes, so 
reduced its value as to seriously endanger its continued 
cultivation as a leading staple by our people, Therefore, 



JouRN^AL, Con-stitutio:n^al Convention 1867-68 239 

Resolved, That the Convention do recommend the re- 
peal of the Cotton Tax, and, if practicable, the applica- 
tion of the repeal to the present crop. 

Resolved, That the Convention considers its repeal 
as essential to the continued successful cultivation of 
cotton, as the great staple of the country, and as a meas- 
ure of relief to both agricultural, capital and labor. 

Resolved, That the Convention having confidence in 
the honest desire of the Government of the United 
States, to aid in restoring the prosperity of the people of 
Georgia, and the development of all her material inter- 
ests, do hereby request the President of the Convention 
to forward a certified copy of these Resolutions to the 
President of the United States, the President of the 
Senate, and the Speaker of the House of Representa- 
tives, with a request that they be presented at an early 
day to both Houses of Congress. 

Mr. Trammell offered a Resolution that the delegates 
do then proceed to draw for seats, which was adopted. 

The drawing having been completed, Mr, Blount 
moved to repeal it, 

Mr. Bryant moved to lay the motion on the table, 
which motion prevailed. 

Mr. Blodgett moved tbat when the Convention did ad- 
journ that it would adjourn till 10 o'clock Monday 
morning, which was adopted. 

Mr, Blodgett moved to suspend the Rule so as to 
allow Mr, Turner to introduce an Ordinance. 

The Rule was not suspended. 



240 Confederate Recobds 

On motion of Mr. Trammell the Convention then ad- 
journed. 



Atlanta, Ga., Monday, Dec. 16, 1867. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

By order of the President, the Secretary proceeded to 
call the roll for the purpose of perfecting the same ; after 
which the Journal was read. 

The regular order being the call of the roll for the 
introduction of new matter, the Secretary proceeded 
therewith, when the following Ordinances and Resolu- 
tions were offered, to-wit: 

By Mr. Adkins. A Resolution declaring all citizens, 
of whatever race or class, entitled to the same rights and 
privileges, unless disfranchised for crime or incapaci- 
tated by mental imbecility. Read the first time. 

By Mr. Akerman (Mr. Shropshire in the Chair). A 
Resolution providing for a recess from the 19th instant 
until the 8th day of January next; declaring the mem- 
bers entitled to mileage to and from their homes, but not 
entitled to per diem compensation during the recess. 
Also, giving leave to the Standing Committees to sit dur- 
ing the recess, and to receive their per diem compensa- 
tion for such days as they actually sit. Read the first 
time. 

By Mr. Ashburn. An Ordinance in relation to vacat- 
ing the civil oflQces of the State, or Territory of Georgia, 
and for other purposes therein named. Read the first 
time. 



Journal, Constitutional Convention 1867-68 241 

By Mr. Foster Blodgett. A Resolution declaring that 
the per diem and mileage of the members of this Con? 
vention be the same as paid to the members of the last 
General Assembly. Read the first time. 

By Mr. Bigby. An Ordinance to extend the time of 
settlement by Tax Collectors with the Comptroller and 
Treasurer, Read the first time. 

By Mr. Bradley. A Resolution declaring that no 
member of this Convention shall be called to account by 
another member for words used in debate, and providing 
that a violation of this rule shall be punished by the 
President's censure, or expulsion by the Convention. 
Read the first time. 

By Mr. Campbell. An Ordinance declaring imprison- 
ment for debt forever abolished in the State of Georgia. 
Read the first time. 

By Mr. Davis. An Ordinance to afford permanent 
relief to the people of Georgia. Read the first time. 

By Mr. Davis. An Ordinance suspending the collec- 
tion of State and County taxes, for the present year, 
until the first day of April next, and for other purposes 
therein mentioned. Read the first time. 

By Mr. Dunning: A resolution to prevent the sale 
of lottery tickets in the State of Georgia. Read the first 
time. 

By Mr. Fort. An Ordinance exempting from levy 
and sale, under any execution, order, or decree from the 
courts of this State, or any officer thereof, the home- 
steads of citizens or heads of families, and for other 
purposes therein mentioned. Read the first time. 



242 Confederate Records 

By Mr. Gibson. A Eesolution directing the Secretary 
to furnish each of the members of this Convention fifteen 
copies of the DaHy New Era each day during the session. 
Read the first time. 

By Mr. Goodwin. An Ordinance to declare null and 
void an Act of the Legislature of the State of Georgia, 
entitled ''An Act to change the name of Cass county, and 
for other purposes therein mentioned." approved 
December 6th, 1861, and for other purposes herein men- 
tioned. Also, a substitute for the Ordinance of Mr. Ash- 
burn, in relation to vacating the civil offices of this 
State ; which substitute declares it to be the sense of this 
Convention that, under the reconstruction laws, it is the 
right and duty of this body not only to frame a Consti- 
tution, but also to frame a civil government; and to 
frame a civil government, it is the right and duty of this 
Convention to declare vacant all offices in the State, and 
either to fill the same by the action of the people here as- 
sembled, or by general election at the precincts of the 
State, as this body may deem best. Read the first time. 

By Mr. Hopkins. An Ordinance to point out the 
mode of paying the fees, now allowed by law, of the 
Solicitor General of the Eastern Judicial Circuit of Geor- 
gia in certain cases, and for other purposes therein men- 
tioned. Read the first time. 

By Mr. Martin, of Habersham. An Ordinance to re- 
lieve the citizens of Habersham county from the payment 
of any county tax, for the present year, over and above 
the sum of fifty per cent, on the State tax. Read the first 
time. 

By Mr. McCay. A Resolution for the appointment 
of a Committee to inquire into the powers of this Con- 



JouENAX, Constitutional Convention 1867-68 243 

vention to pass any Ordinance other than snch as are 
necessary to the framing of a Constitution and civil gov- 
ernment for the State. Read the first time. 

By Mr. Richardson — A Resolution, as a substitute 
for the Resolution offered by Mr. Adkins, relative to dis- 
tinctions of rights and privileges of citizens on account 
of class or race. Read the first time. 

By Mr. Rozar : A Resolution of thanks to the United 
States Government for the unparalleled magnanimity be- 
stowed upon this conquered people, and for other pur- 
poses therein mentioned. Read the first time. 

By Mr. Saulter. An Ordinance to abolish the County 
Courts of this State. Read the first time. 

By Mr. Speer. A Resolution fixing the hours for the 
daily meeting and adjournment of this Convention. Read 
the first time. 

By Mr. Stanford: An Ordinance to adjust indebted- 
ness created during the late war. Read the first time. 

By Mr. Trawick. An Ordinance to extend the time 
for the Tax Collectors of the State of Georgia to settle 
their accounts with the Comptroller or State Treasurer. 
Read the first time. 

By Mr. Turner. An Ordinance to prevent the levy 
or sale of property in this State under tax executions, 
and to grant further time for the collection of State and 
County taxes. Read the first time. 

By Mr. Turner. A Resolution providing for the 
printing of two hundred copies of the Ordinance offered 
by Mr. Ashburn, ''declaring all civil offices in this State 



244 Confederate Records 

vacant," for the use of the members of the Convention, 
so soon as convenient. Read the first time. 

By Mr. Whitehead. An Ordinance to allow each head 
of a family in the State of Georgia a homestead, and to 
prevent the levy and sale of the same under any circum- 
stances. Read the first time. 

On motion of Mr. Blount, the Rules were suspended, 
and the following Resolution taken up and read the 
second time, to-wit: 

Whereas, Doubts have been expressed whether this 
Convention is authorized to transact any other business 
than to frame a Constitution and civil government for 
the State of Georgia, and such Ordinances as are neces- 
sary for the proper performance of that duty; and, 
whereas, the true powers of the Convention on the mat- 
ter indicated ought to be distinctly defined — 

Resolved, That the President appoint a Committee 
of Ten, who shall consider and report upon the question 
as soon as practicable. 

Mr. Bradley moved the indefinite postponement of 
the Resolution, which motion did not prevail. 

The Resolution was then agreed to. 

On motion of Mr. Conley, the Rules were further sus- 
pended, and the following Resolution taken up and read 
the second time, to-wit : 

Resolved, That, until otherwise ordered, the daily 
hour for the meeting of this Convention shall be 9 V2 
o'clock a. m., and the hour of adjournment 2 o'clock p. m. 

Mr. Bedford moved to strike out 2 and insert iy2, 
which motion was lost. 



Journal Constitutional Convention 1867-68 245 

Mr. Bryant moved to amend by striking out Qi/o, and 
inserting 10. The motion prevailed, and the Resolution, 
as amended, was agreed to. 

The following Standing Committees were announced 
by the President, to-wit : 

On Peivileges and Elections. 

Messrs. L. N. Trammell, Foster Blodgett, A. J. 
Cameron, W. F. Jordan, B. F. Powell, Thomas Gibson, 
S. A. Cobb. 

On Petitions. 

Messrs. Thomas P. Saffold, F. J. Speer, P. B. Bed- 
ford, J. R. Hudson, J. G. Maull, S. E. Field, Benjamin 
Dunnegan. 

On Enrollment. 

Messrs. W. A. Fort, H. H. Christian, Posey Maddox, 
E. J. Higbee, W. C. Smith, A. Bowden, Charles Hooks. 

On Journals. 

Messrs. W. H. Whiteley, J. H. King, S. Stanley, W. 
C. Carson, A. H. Harrison, J. C. Bowden, J. L. Cutler. 

On Finances. 

Messrs. Wesley Shropshire, Joseph McWhorter, J. 
W. Christian, G. G. Wilbur, E. B. Martin, W. W. Dews. 

On Printing. 

Messrs. A. L. Harris, F. J. Speer, J. L. Dunning, S. 
W. Beaird, J. H. Flynn, J. W. T. Catching, J. D. Wad- 
dell. 



246 Confederate Recobds 

On Auditing. 

Messrs. R. B. Bullock, Madison Bell, J. R. Bracewell, 
Walter L. Clift, S. T. Houston, W. T. Edwards, John T. 
Costin. 

On Bill of Rights. 

Messrs. G. W. Ashbum, C. D. Davis, W. T. Crane, W. 
L. Marler, A. G. Foster, C. H. Hopkins, L. L. Stanford. 

On Fbanchise. 

Messrs. J. E. Bryant, Wesley Shropshire, N. L. 
Angier, P. B. Bedford, E. S. Cobb, Presley Yeates, J. L. 
Dunning. 

On Legislative Depahtment. 

Messrs. H. K. McCay, L. N. Trammell, J. E. Blount, 
H. V. M. Miller, Phillip Martin, C. C. Richardson, G. P. 
Burnett. 

On Executive Department. 

Messrs. J. S. Bigby, A. T. Akerman, N. Griffin, H. G. 
Cole, J. L. Dunning, N. P. Hotchkiss, M. A. Potts. 

On Judiciary Department. 

Messrs. A. T. Akerman, J. D. Waddell, George P. 
Burnett, H. K. McCay, C. A. Ellington, R. H. Whiteley, 
A. L. Harris. 

On Education. 

Messrs. J. H. Caldwell, J. H. Flynn, 0. H. Walton, 
Thomas Gilbert, J. W. Trawick, H. M. Turner, T. G. 
Campbell. 



Journal Constitutional Convention 1867-68 247 
On Militia. 

Messrs. H. V. M. Miller, W. A. Fort, Foster Blodgett 
J. W. Key, W. C. Lee, S. E. Cobb, Samuel Gove 



tjClb, 



On Belief. 

Messrs. John Harris, W. W. Dews, W. L. Goodwin, 
W. H. Whitehead, T. P. Saffold, R. B. Bullock, A. T. 
Akerman. 

On Revision. 

Messrs. H. V. M. Miller, John Harris, G. W. Ashburn, 
A. T. Akerman, H. K. McCay, J. H. Caldwell, J. S. 
Bigby, J. E. Bryant. 

On motion of Mr. Speer, three hundred copies of the 
Standing Committees were ordered to be printed for the 
use of the Convention. 

Mr. Hudson moved that all Resolutions on the Secre- 
tary's table be referred to their appropriate Committees. 
The motion prevailed. 

Mr. Angier offered a Resolution, instructing the 
Messenger to procure and put up shades to the windows 
on the east side of the Hall. On his motion the rules 
were suspended, when the Resolution was taken up and 
agreed to. 

Mr. Akerman offered the following Resolution, which, 
on his motion, was taken up, to-wit: 

Resolved, That the Post Office address, and the place 
of lodging in this city of each member of the Convention, 
be added to the list of delegates heretofore ordered to be 
printed with the Rules. 



248 Confederate Records 

On motion of Mr. Bryant, the same was amended by 
adding, ''and that the lists of Standing Committees be 
also printed with the Rules." 

The Resolution, as amended, was agreed to. 

Mr. Hopkins asked and obtained leave of absence for 
Mr. Roberts, on account of sickness in his family. 

The President announced the following Special Com- 
mittee appointed, under the Resolution offered by Mr. 
McCay, to inquire into the powers of this Convention, 
to-wit : 

Messrs. H. K. McCay, Foster Blodgett, N. P. Hotch- 
kiss, J. H. Caldwell, H. V. M. Miller, R. H. Whiteley, B. 
Conley, W. Shropshire, J. L. Dunning, A. T. Akerman. 

On motion of Mr. Trammell, the Convention ad- 
journed until 10 o'clock a. m., to-morrow. 



Atlanta, Ga., Tuesday, Dec. 17, 1867. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Harlan. 

On motion of Mr. Foster the call of the roll was dis- 
pensed with. 

The Secretary proceeded to read the Journal, which 
■was on motion corrected by adding Mr. "Waddell to the 
Committee on the Judiciary, and Mr. Stanford to the 
Committee on Bills of Rights. 

Mr. Waddell offered the following Resolution, which, 
on his motion, was taken up, read, and agreed to, to-wit; 



JouENAL Constitutional Convention 1867-68 249 

Resolved, That a seat in the Hall of the Convention 
be, and the same is hereby tendered, to the Hon. Joshua 
Hill, during his sojourn in the city. 

Mr. McCay, from the Special Committee appointed to 
inquire in regard to the powers of the Convention, sub- 
mitted the following report, which, on his motion, was 
taken up and read, to-wit: 

The Committee appointed to consider and report 
upon the powers of the Convention in passing Ordinances 
not strictly incident to the framing of a Constitution and 
Civil Government for the State, report that the subject is 
a very difficult one, and demands further deliberation 
than they have been able to give it. 

In view, however, of the pressing necessity that the 
Convention should devote as much time as possible to the 
great work which is clearly their leading duty, they re- 
commend the adoption of the following resolution : 

Resolved, That all Ordinances, or other matter of a 
legislative character, already introduced and pending, 
are hereby indefinitely postponed ; and in future no Ordi-, 
nance or other matter of said character, not necessarily 
connected with the fundamental law, shall be entertained 
by this Convention : Provided, That the foregoing shall 
not apply to matter touching the general relief of the 
people of the State. 

Mr. Richardson moved to postpone the report until 
to-morrow. 

Mr. Turner proposed to amend the motion of Mr. 
Richardson by requiring two hundred copies of the re- 
port printed for the use of the Convention. 



250 



Confederate Records 



The amendment of Mr. Turner was accepted by Mr. 
Richardson. 

Mr. Turner then proposed to withdraw his amend- 
ment, but the same having been accepted, the President 
decided its withdrawal out of order. 

On motion of Mr. Bryant the amendment of Mr. 
Turner was stricken out. 

The question recurring upon the original motion of 
Mr. Richardson to postpone the report until to-morrow 
morning, the yeas and nays were required to be recorded 
thereon. 



Those who voted in the affirmative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashburn, 

Bedford, 

Bentley, 

Beaird, 

Baldwin, 

Bryant, 

Bradley, 

Bullock, 

Burnett, 

Campbell, 

Cameron, 

Catching, 

Casey, 

Caldwell, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Costin, 



Crumley, 

Cot ting, 

Dinkins, 

Edwards, 

Fort, 

Gilbert, 

Goodwin, 

Golden, 

Guilford, 

Harland, 

Harrison of Hancock, 

Higbee, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Knox, 

Lee, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 



JouBNAL Constitutional, Convention 1867-68 251 



Maull, 


Seeley, 


Minor, 


Sherman, 


Moore of Columbia, 


Stewart, 


Murphy, 


Supple, 


Neal, 


Stone, 


Noble, 


Strickland, 


Palmer, 


Turner, 


Pope, 


Walton, 


Prince, 


Wallace, 


Eeynolds, 


Welch, 


Eice, 


"V\Tiitaker, 


Richardson, 


Whitehead of Burke, 


Rozar, 


Whitehead of Butts, 


Sikes, 


Yeates. 


Shields, 




Those who voted in 


the negative, are Messrs. 


Akerman, 


Fields, 


Angier, 


Flynn, 


Bell of Oglethorpe, 


Foster of Morgan, 


Bowden of Campbell, 


Foster of Paulding, 


Brown, 


Gibson, 


Bracewell, 


Griover, 


Bryson, 


Gove, 


Buchan, 


Griffin, 


Carson, 


Harris of Newton, 


Christian of Newton, 


Higden, 


Christian of Early 


Hotchkiss, 


Cooper, 


Houston, 


Cobb of Madison, 


Holcombe, 


Conley, 


Hooks, 


Crane, 


Howe, 


Crawford, 


Hudson, 


Cutler, 


Hutcheson, 


Davis, 


Jordan, 


Dews, 


Key, 


Dunning, 


King, 


Dunnegan, 


Lott, 


Ellington, 


Marler, 



252 



Confederate Records 



Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McCay, 

Miller, 

McWhorter, 

Moore of White, 

Potts, 

Powell, 

Robertson, 

Saffold, 

Sanlter, 

Smith of Charlton, 



Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Stanford, 

Stanley, 

Trammell, 

Trawick, 

Waddell, 

Wilbur, 

Wliiteley, 

Woodev. 



There are yeas 73; nays 70. So the motion did not 
prevail. 

Mr. Bradley then moved to lay the report on the 
table. 

On this motion the yeas and nays were demanded. 



Those who voted in the affirmative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashburn, 

Bedford, 

Bentley, 

Beaird, 

Blodgett, 

Bryant, 

Bradley, 

Burnett, 

Campbell, 

Cameron, 

Catching, 

Casey, 



(. aldwell, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Conley, 

Cray ton, 

Crumley, 

Cotting, 

Dinkins, 

Edwards, 

Gilbert, 

Goodwin, 



JouENAL Constitutional Convention 1867-68 253 



Grolden, 

Guilford, 

Hall, 

Harland, 

Harrison of Hancock, 

Higbee, 

Hopkins, 

Howe, 

Jackson, 

Joiner, 

Jones, 

Knox, 

Lane, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Moore of Columbia, 

Murphy, 

Neal, 

Noble, 

Palmer, 



Pope, 

Prince, 

Reynolds, 

Rice, 

Richardson, 

Rozar, 

Sikes, 

Shields, 

Seeley, 

Sherman, 

Stewart, 

Supple, 

Stone, 

Strickland, 

Turner, 

Walton, 

Wallace, 

Welch, 

Whi taker. 

Whitehead of Burke, 

Williams, 

Yeates. 



Those who voted in the negative, are Messrs. 



Akerman, 

Angier, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Bowers, 

Bigby, 

Blount, 

Brown, 

Bracewell, 

Bryson, 

Buchan, 



Carson, 

Christian of Newton, 

Christian of Early, 

Cobb of Madison, 

Cole, 

Crane, 

Crawford, 

Cutler, 

Davis, 

Dews, 

Dunning, 

Dunnegan, 

Ellington, 



254 



Confederate Records 



Fields, 

Flynn, 

Fort, 

Foster of Morgan, 

Foster of Paulding, 

Gibson, 

Glover, 

Gove, 

Griffin, 

Harris of Newton, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hooks, 

Hudson, 

Hntclieson, 

Jordan,- 

Key, 

King, 

Lott, 

Marler, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 



Martin of Habersham, 

MeCay, 

Minor, 

Miller, 

jMcWhorter, 

Moore of White, 

Potts, 

Powell, ' 

Robertson, 

Saffold, 

Saulter, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Stanford, 

Stanley, 

Trammell, 

Trawiek, 

Waddell, 

Wilbur, 

Whitehead of Butts, 

Whiteley, 

Woodey, 



There are yeas 76; nays 78. So the motion to lay on 
the table did not prevail. 

Mr. Trammell called the previous question, which 
was sustained. 

The main question was then put, and the report 
adopted. 

Mr. Ellington asked and obtained leave of absence for 
Mr. McHan on account of sickness. 



Journal Constitutional, Convention 1867-68 255 

Mr. Whitehead, of Butts, offered the following Reso- 
lution, which, on his motion, was taken up, to- wit: 

Be it Resolved, That no person whose seat is con- 
tested in this Convention be allowed to vote, or intro- 
duce business for its consideration, till such time as the 
Committee on Privileges and Elections shall have passed 
upon the respective rights of said contestants. 

Be it further Resolved, That said Committee do meet 
at its earliest "convenience, and pass upon each place in 
dispute, so that those rightfully entitled may take their 
seats, and have a voice in the deliberations of this body. 
And to expedite said business, the Chairman of said 
Committee make known through the President of this 
Convention the time and place of said Committee's meet- 
ing to this Convention. 

On motion of Mr. Blodgett the same was amended by 
striking out the whole of the first clause, when as 
amended, it was on motion of Mr. Trammell referred to 
the Committee on Privileges and Elections. 

Mr. Caldwell moved a suspension of the Rules for 
the purpose of introducing new and important matter. 

The motion failed to receive a vote of two-thirds, and 
was therefore lost. 

The Secretary proceeded to the call of the roll for the 
introduction of new matter, when the following Resolu- 
tions and Ordinances were introduced, to-wlt: 

By Mr. Bell. A Resolution providing that the pay 
and mileage of members and officers of this Convention 
be the same as that paid to the members of the Conven- 
tion of Georgia held in the year 1865. Read the first 
time. 



256 Confederate Records 

By Mr. Bradley. An Ordinance to prevent common 
carriers in this State from making distinctions on ac- 
count of race or color, except as therein provided, and 
for other purposes. 

Mr. Whiteley rose to a point of order, assmning that 
the Ordinance was in conflict with the adopted report of 
the Special Committee appointed to inquire into the pow- 
ers of this Convention. 

Mr. Richardson called for the reading of the report 
involved in the point of order made. 

The President overruled the objections to Mr. White- 
ley, and on motion of Mr. Bradley the Ordinance was re- 
ferred to the Committee on Franchise. 

By Mr. Bell, of Oglethorpe. A Resolution providing 
for the election of ofiScers of the Freedmen's Bureau, if 
the same shall be continued, and for other purposes 
therein named. 

Ruled out of order by the President because in thfi- 
nature of Legislative matter, and in conflict with the re- 
port of the Committee on the Powers of the Convention. 

By Mr. Burnett. A Resolution declaring that in the 
judgment of this Convention the United States of Amer- 
ica, together with the so-called State of Georgia, are now 
and ever have been regarded by the people of this State 
as being a Grovemment whose territory was secured by 
the white man, whose laws were created by the white 
man, and over whose destinies the white man shall pre- 
side. 

Mr. Richardson moved a suspension of the Rules for 
the purpose of expunging the Resolution from the Jour- 
nal of the Convention. 



Journal Constitutional Convention 1867-68 257 

Pending discussion on the motion to suspend the 
Eules, the mover of the Resolution asked leave to with- 
draw the same. 

Objections were made to its withdrawal by several 
members, but the objections being overruled by the Pres- 
ident, the Eesolution was withdrawn. 

By Mr. Caldwell. A petition designed for presenta- 
tion to General Pope, asking the appointment of a Pro- 
visional Governor for the State of Georgia, and recom- 
mending for that appointment the Hon. R. B. Bullock, 
of Richmond county. 

The same was read the first time, and the mover gave 
notice that after the regular order was disposed of he 
should move to take up the petition for final action. 

By Mr. Davis. A Resolution declaring the sense of 
the Convention in regard to its powers. Read the first 
time. 

By Mr. Dews. An Ordinance to secure a homestead 
to each family in Georgia. Read the first time. 

By Mr. Edwards. A Resolution declaring that no 
member of the Convention shall speak longer than 
twenty minutes on any question unless permission be 
granted by two-thirds of the members present. Read the 
first time. 

By Mr. Angier. An Ordinance for the relief of 
females, minors, idiots and lunatics. Read the first time. 

By Mr. Gibson. A Resolution that the President ap- 
point a Committee composed of one member from each 
Congressional District in this State, to confer with Gen- 
eral Pope, and make up a list of such citizens of Georgia 



258 Confederate Records 

as are in favor of reconstruction under the late acts of 
Congress; that said Committee be empowered to select 
two discreet persons and send them at once to the City 
of Washington, to urge upon Congress the propriety of 
relieving from the disabilities imposed by the require- 
ments of the test oath such gentlemen as may be men- 
tioned in said list. Read the first time. 

By Mr. Goodwin. An Ordinance for the permanent 
relief of the people of Georgia. Read the first time. 

By Mr. Gove: A Resolution instructing the Com- 
mittee on Elections to inquire into the citizenship of such 
settling members of this Convention, if any shall be re- 
ported to them as not being citizens of Georgia, and for 
other purposes. Read the first time. 

By Mr. Griffin. An Ordinance to protect the people 
of Georgia from fraud in the sale of spurious manures. 

The same was ruled out of order by the President. 

By Mr. Higbee. A Resolution requesting the Judi- 
ciary Committee to report an Ordinance to prevent the 
collection of county taxes upon State specific tax, and to 
refund the same if collected. Also, a Resolution recom- 
mending the curtailing of offices and retrenchment of 
salaries. Read the first time. 

By Mr. Lee. A Resolution prohibiting the introduc- 
tion of any Ordinance or Resolution referring to race 
or color. Read the first time. 

By Mr. Martin of Calhoun. An Ordinance fixing the 
per diem and mileage of delegates to this Convention. 
Read the first time. 

By Mr. Martin of Habersham. A Resolution contin- 



Journal Constitutional Convention 1867-68 259 

uing the tenure of office until the ratification or rejection 
of the Constitution to be framed by this Convention. 
Also, an Ordinance to levy and collect a tax to defray 
the expenses of this Convention. Read the first time. 

By Mr. Marler. A Resolution instructing the Com- 
mittee on Finance to report an Article for the Constitu- 
tion providing for the curtailment of expenses for the 
civil government. Read the first time. 

By Mr. Prince. A Resolution excluding all measures 
in which the distinguishing words "white" or ''colored" 
occur, or any other word or phrase used to distinguish 
any particular race. Also, a Resolution prescribing the 
per diem and mileage of members and officers of this 
Convention. Read the first time. 

By Mr. Shropshire. An Ordinance to regulate and 
fix the salaries of officers of this State, and for other 
purposes. Read the first time. 

By Mr. Smith of Coweta. An amendment to an 
Ordinance offered by Mr. Whitehead, of Butts, entitled 
''An Ordinance to give to each head of a family a home- 
stead." Read the first time. 

By Mr. Speer. An Ordinance for the relief of the 
people of this State. Read the first time. 

By Mr. Stanford. An Ordinance creating certain 
liens. Ruled out of order by the President. 

By Mr. Supple. A Resolution reducing the poll tax 
of Baldwin County. Ruled out of order by the Presi- 
dent, 

By Mr. Welch. An Ordinance to change the powers 
and jurisdiction of the County Judges of this State. 



260 Confederate Records 

Read the first time and referred to the Judiciary Com- 
mittee. 

By Mr. Whitehead. A Resolution directing the Fi- 
nance Committee in relation to public moneys and ac- 
counts. Also, an Ordinance relative to the Treasury of 
the Commonwealth of Georgia. Read the first time. 

By Mr. Whiteley. A Resolution declaratory of the 
policy to be pursued by this Convention, and of the sense 
thereof as to qualifications for suffrage and oflSce. Read 
the first time. 

By Mr. Murphy. An Ordinance to allow each head 
of a family in Georgia a homestead. Read the first time. 

By Mr. Turner. A Resolution requiring the Commit- 
tee on the Executive Department to report an Article 
creating the office of Lieutenant Governor. Read the 
first time. 

The following Ordinances were taken up for a second 
reading, and ruled out of order by the President, to-wit: 

An Ordinance to point out the mode of payment of 
fees of Solicitor-Generals in this State. 

An Ordinance exempting the people of Habersham 
County from the payment of certain taxes. 

An Ordinance in relation to vacating the civil offices 
of the State of Georgia. 

An Ordinance to annul an Act of the General Assem- 
bly of this State changing the name of Cass county, was 
ruled out of order by the President. 

Mr. Conley appealed from the decision of the Chair, 
which decision was sustained. 



JouENAL Constitutional. Convention 1867-68 261 

The following Ordinances were read the second time 
and referred to the Committee on Relief, to-wit: 

An Ordinance to extend the time for the Tax Collect- 
ors of the State of Georgia to settle their accounts with 
the Comptroller-General. 

An Ordinance to adjust the indebtedness created dur- 
ing the late war. 

An Ordinance exempting homesteads from levy and 
sale. 

An Ordinance to suspend the collection of State and 
coimty taxes, for the present year, until the first of 
April next. 

An Ordinance to afford permanent relief to the peo- 
ple of Georgia. 

An Ordinance to prevent the levy and sale of prop- 
erty, and to grant further time for the collection of taxes. 

An Ordinance to allow each head of a family in Geor- 
gia a homestead, and to prevent the levy and sale of the 
same under any circumstances, was read the second time, 
and referred to the Committee on Bill of Rights. 

An Ordinance to abolish the County Courts of this 
State was read the second time and referred to the Judi- 
ciary Committee. 

On motion of Mr. Bryant, the rules were suspended, 
and the following petition, offered by Mr. Caldwell, was 
taken up for final action, and read the second time, to- 
wit: 

We, the representatives of the people of Georgia, 
assembled in Convention under the authority of the Con- 



262 Confederate Records 

gress of the United States, with a desire to restore loy- 
alty, harmony and tranquility among the people, and 
secure for our State her proper place in the Union, by 
representation in Congress, respectfully represent to 
the General commanding this District, that to insure 
these great blessings for ourselves and our posterity, it 
is essential that the officials who exercise the civil func- 
tions of the Provincial Government of the State of Geor- 
gia, as required by Congress, shall be loyal to the Gov- 
ernment of the United States, and acceptable to the 
majority of the people of the State. 

We, the representatives of that majority, are now 
striving to overcome the obstacles in the path of restora- 
tion to civil law, and therefore respectfully petition the 
General commanding this District, that a Provisional 
Governor be appointed who will assist in this great work, 
and do recommend for that appointment the Hon. E. B. 
Bullock, of Eichmond county. 

Pending discussion thereon, Mr. Bradley having the 
floor, the hour of adjournment arrived, and the Presi- 
dent declared the Convention adjourned until 10 o'clock 
a. m. tomorrow. 



Atlanta, Ga., Wednesday, Dec. 18, 1867. 
The Convention met pursuant to adjournment. 
Prayer by the Eev. Mr. Caldwell. 

The Journal was read by the Secretary, after which 
Mr. Bradley resumed the floor and addressed the Con- 
vention on the measure pending at the hour of adjourn- 



JouRNAi. Constitutional Convention 1867-68 263 

ment, to-wit: The petition offered by Mr. Caldwell, ask- 
ing of the General commanding this District the appoint- 
ment of a Provisional Governor for Georgia who will 
assist in the work of reconstruction, and recommending 
for that appointment the Hon. R. B. Bullock, of Rich- 
mond county. 

Mr. Saffold rose to a point of order, assuming that, 
as the measure under consideration had no reference to 
the formation of fundamental law, nor the general re- 
lief of the people of the State, was in conflict with the 
Resolution defining the powers of the Convention. 

The President decided that the measure pending was 
not in the nature of legislative matter, and, therefore, 
in order. 

Mr. Harris, of Newton, in the Chair, Mr. Parrott 
moved the postponement of the petition to the 8th day 
of January, next. 

Mr. Bryant having the floor on this motion, Mr. Stan- 
ford rose to a point of order, stating that a motion to 
postpone to a certain day was not debatable. 

The President resumed the Chair and overruled the 
point of order; whereupon Mr. Bryant proceeded with 
his address. 

Mr. Caldwell gave notice that he desired to give such 
shape to the petition as would remove the objections of 
its opponents in the Convention; and, for this purpose, 
moved an adjournment, which motion was lost. 

Mr. Blodgett called for the previous question, which 
was sustained. 



264 



Confederate Records 



The main question was then put, and upon this the 
yeas and nays were demanded. 

Those who voted in the affirmative, are Messrs. 



Akerman, 

Barton, 

Bedford, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Bowers, 

Bigby, 

Blount, 

Brown, 

Bracewell, 

Bryson, 

Buchan, 

Burnett, 

Carson, 

Cameron, 

Christian of Newton, 

Christian of Early, 

Cooper, 

Cobb of Madison, 

Cole, 

Crane, 

Crawford, 

Cutler, 

Davis, 

Dews, 

Fields, 

Flynn, 

Fort, 

Foster of Morgan, 

Foster of Paulding, 

Gilbert, 

Glover, 

Gove, 



Griffin, 

Harland, 

Harris of Newton, 

Higden, 

HotchMss, 

Holcombe, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Jordan, 

Key, 

King, 

Knox, 

Lott, 

Marie r, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McCay, 

Miller, 

McWhorter, 

Moore of White, 

Powell, 

Robertson, 

Saffold, 

Saulter, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 



Journal Constitutional Convention 1867-68 265 



Stanford, 


Waddell, 


Stanley, 


Whiteley, 


Trammell, 


Woodey. 


Trawick, 




Those who voted in 


the negative, are Messrs. 


Adkins, 


Goodwin, 


Alexander, 


Golden, 


Anderson, 


Guilford, 


Angier, 


Harrison of Hancock, 


Ashburn, 


Higbee, 


Bentley, 


Hopkins, 


Beaird, 


Jackson, 


Bell of Oglethorpe, 


Joiner, 


Blodgett, 


Jones, 


Bryant, 


Lee, 


Bradley, 


Linder, 


Campbell, 


Lumpkin, 


Catching, 


Madden, 


Casey, 


Maddox, 


Caldwell, 


Maull, 


Clift, 


Minor, 


Chatters, 


Moore of Columbia, 


Claiborne, 


Murphy, 


Chambers, 


Neal, 


Cobb of Houston, 


Noble, 


Costin, 


Palmer, 


Conley, 


Pope, 


Crayton, 


Potts, 


Crumley, 


Prince, 


Cotting, 


Keynolds, 


Daley, 


E-ice, 


Dinkins, 


Eichardson, 


Dunning, 


Eozar, 


Dunnegan, 


Eoberts, 


Edwards, 


Sikes, 


Ellington, 


Shields, 


Gibson, 


Seeley, 



266 



Confederate Records 



S'herman, 

Stewart, 

Supple, 

Stone, 

Strickland, 

Turner, 

Walton, 



Wallace, 

Welch, 

Whitaker, 

Whitehead of Burke, 

Whitehead of Butts, 

Williams, 

Yeates. 



There are yeas, 75 ; nays, 78. So the motion to post- 
pone until the 8th day of January next was lost. 

Mr. Caldwell called for a division of the question, so 
as to act first on the clause which petitions the General 
commanding this District to appoint a Provisional Gov- 
ernor, who will favor the work of reconstruction. Upon 
the adoption of this clause the yeas and nays were de- 
manded. 

Those who voted in the affirmative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Angier, 

Ashburn, 

Bentley, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowden of Campbell, 

Blodgett, 

Bryant, 

Brown, 

Bracewell, 

Bryson, 

Bradley, 

Campbell, 

Carson, 

Catching, 

Casey, 



Caldwell, 

Clift, 

Christian of Newton, 

Chatters, 

Chambers, 

Claiborne, 

Cobb of Houston, 

Costin, 

Conley, 

Crane, 

Cray ton, 

Crumley, 

Cotting, 

Davis, 

Daley, 

Dinkins, 

Dunning, 

Dunnegan, 

Edwards, 

Ellington, 



Journal. Constitutional, Convention 1867-68 267 



Gibson, 


Potts, 


Gilbert, 


Powell, 


Glover, 


Prince, 


Goodwin, 


Reynolds, 


Golden, 


Rice, 


Guilford, 


Richardson, 


Harrison of Hancock, 


Rozar, 


Higbee, 


Robertson, 


Higden, 


Sikes, 


Hopkins, 


Shields, 


Jackson, 


Seeley, 


Joiner, 


Sherman, 


Jones, 


Stewart, 


Knox, 


Supple, 


Lee, 


Stone, 


Linder, 


Strickland, 


Lumpkin, 


Turner, 


Madden, 


Walton, 


Maddox, 


Wallace, 


Maull, 


Welch, 


Minor, 


Whitaker, 


Moore of White, 


Whitehead of Burke, 


Moore of Columbia, 


Whitehead of Butts, 


Murphy, 


Whiteley, 


Neal, 


Williams, 


Noble, 


Woodey, 


Palmer, 


Yeates. 


Pope, 




Those who voted in 


the negative, are Messrs. 


Akerman, 


Burnett, 


Bedford, 


Cameron, 


Bell of Banks, 


Christian of Early, 


Bowden of Monroe, 


Cooper, 


Bowers, 


Cobb of Madison, 


Bigby, 


Cole, 


Blount, 


Crawford, 


Buchan, 


Cutler, 



268 



CONFEDEBATE RECORDS 



Dews, 

Fields, 

Flynn, 

Fort, 

Foster of Morgan, 

Foster of Paulding, 

Gove, 

Griffin, 

Harland, 

Harris of Newton, 

Harrison of Carroll, 

Hotchkiss, 

Houston, 

Holeombe, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Jordan, 

Key, 

King, 

Lott, 



Marler, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McCay, 

Miller, 

McWhorter, 

Saffold, 

Saulter, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Stanford, 

Stanley, 

Trammell, 

Trawick, 

Waddell. 



There are yeas, 95 ; nays, 59. So the first clause was 
adopted, and is as follows, to-wit: 

We, the representatives of that majority, are now 
striving to overcome the obstacles in the path of restora- 
tion to civil law, and, therefore, respectfully petition the 
General commanding this District, that a Provisional 
Governor be appointed who will assist in this great work. 

On motion of Mr. Blodgett, the Convention adjourned 
until 10 o'clock, tomorrow morning. 



Journal Constitutional Convention 1867-68 269 
Atlanta, Ga., Thursday, Dec. 19, 1867 

The Convention met pursuant to adjournment. 
Prayer by the Chaplain. 

T^e Journal was read and the Convention proceeded 
to the consideration of the unfinished business of yester- 
day, to-wit: The last clause of the petition offered by 
Mr. Caldwell, relative to the appointment of a Provi- 
sional Governor of this State by the General command- 
ing this District, which read as follows: "And do rec- 
ommend for that appointment the Hon. E. B. Bullock, of 
Eichmond county." 

Mr. Akerman moved a suspension of the Eules for 
the purpose of taking up an Ordinance offered by Mr. 
Martin, of Habersham, providing for the collection of a 
tax to defray the expenses of this Convention. The 
motion was ruled out of order, the previous question 
having been called for and sustained yesterday, on the 
pending measure. 

The yeas and nays were demanded on the adoption 
of the clause mentioned. 

Those who voted in the affirmative, are Messrs. 



Adkins, 


Bracewell, 


Alexander, 


Bryson, 


Anderson, 


Bradley, 


Ashburn, 


Burnett, 


Bentley, 


Campbell, 


Beaird, 


Catching, 


Baldwin, 


Casey, 


Bell of Oglethorpe, 


Caldwell, 


Blodgett, 


Clift, 


Bryant, 


Chatters, 



270 



CONFEDEEATE BeCOBDS 



Claiborne, 


Moore of Columbia, 


Chambers, 


Murphy, 


Cobb of Houston, 


Neal, 


Costin, 


Noble, 


Conley, 


Palmer, 


Crayton, 


Pope, 


Crumley, 


Potts, 


Cotting, 


Powell, 


Davis, 


Prince, 


Daley, 


Eejmolds, 


Dinkins, 


Eice, 


Dunnegan, 


Richardson, 


Edwards, 


Rozar, 


Ellington, 


Sikes, 


Gibson, 


Shields, 


Golden, 


Seeley, 


Guilford, 


Sherman, 


Harrison of Hancock, 


Smith of Charlton, 


Higbee, 


Stewart, 


Hopkins, 


Supple, 


Jackson, 


Stone, 


Joiner, 


Strickland, 


Jones, 


Walton, 


Knox, 


Wallace, 


Lee, 


Welch, 


Linder, 


Whitaker, 


Lumpkin, 


Whitehead of Burke, 


Madden, 


Williams, 


Maddox, 


W oodey. 


Maull, 


Yeates. 


Minor, 




Those who voted in 


the negative, are Messrs. 


Akerman, 


Bowers, 


Angier, 


Bigby, 


Bedford, 


Blount, 


Bell of Banks, 


Brown, 


Bowden of Monroe, 


Buchan, 



Journal Constitutional Convention 1867-68 271 



Jordan, 

Key, 

King, 

Lott, 

Marler, 

Mathews, 

Martin of Calhoun, 

Martin of Carroll, 

Martin of Habersham, 

McCay, 

Miller, 

McWhorter, 

Moore of White, 

Robertson, 

Saffold, 

Saulter, 

Smith of Coweta, 

Speer, 

Shumate, 

Stanford, 

Stanley, 

Trammell, 

Trawick, 

Wliiteley. 



Carson, 

Christian of Newton, 

Christian of Early, 

Cooper, 

Cobb of Madison, 

Crawford, 

Dunning, 

Fields, 

Flynn, 

Foster of Morgan, 

Foster of Paulding, 

Gilbert, 

Gove, 

Griffin, 

Harland, 

Harris of Newton, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Excused — Messrs. Cutler, Smith of Thomas, Turner, 
and Whitehead, of Butts. 

There are yeas, 81; nays, 59. So the same was 
adopted. 

Mr. Cutler asked to be excused from voting, express- 
ing, as a reason for making the request, the opinion that 
the Convention was not convened for sucli a purpose as 
the petition under consideration proposed. 

Mr. Smith, of Thomas, asked to be excuused for the 
same reason. They were excused. Mr. Turner wass, 
also, on his request. 



272 Confederate Records 

Mr. Whitehead stated it was his opinion that the selec- 
tion of an appointee devolved solely on the General com- 
manding, and that it was not the province of this Con- 
vention to suggest the name of any one to him. At his 
request he was also excused from voting. 

On motion of Mr. Gilbert, the rules were suspended, 
and the Hon. T. J. Bowen invited to a seat in the Con- 
vention. A similar in\atation, on motion of Mr. Blod- 
gett, was extended to the Hon. John Erskine. 

Mr. Chatters moved a suspension of the Rules for 
the purpose of introducing an Ordinance to relieve cer- 
tain delegates. 

The motion prevailed, and Mr. Bryant offered as a 
substitute therefor the Ordinance offered by Mr. Martin, 
of Habersham, providing for the levy and collection of 
a tax to defray the expenses of the Convention. 

Mr. Whiteley proposed to amend the substitute by 
requiring the Finance Committee to make inmiediate 
provisions for the pajTnent of members up to the pro- 
posed recess, including mileage. 

On motion of Mr. Waddell, the whole subject was 
referred to the Committee on Finance. 

On motion of Mr. Speer, the Rules were suspended, 
and the following Resolution, offered by Mr. Blodgett, 
was taken up, to-wit : 

Resolved, That the per diem and mileage of the Mem- 
bers and Officers of this Convention be the same as paid 
to the Members and Officers of the last General Assem- 
bly of this State. 



JOTJENAL CONSTITUTIONAI. CONVENTION 1867-68 273 

Mr. Trammell moved to amend by inserting five dol- 
lars per diem. 

Mr. Blount by inserting four dollars per diem. 
Mr. Speer by inserting two dollars per diem. 
Mr. Bryant by inserting twenty-five cents per diem. 
Mr. Prince by inserting ten dollars per diem. 
Mr. McCay by inserting six dollars per diem. 
Mr. Bradley called for the previous question, which 
was sustained. 

The main question was then put, and the Itesolution 
adopted without amendment. 

Mr. Trammell gave notice that he would move a re- 
consideration on tomorrow. 

Mr. Harris of Newton, from the Committee on Re- 
lief, made the following report, to-wit: 

The Committee on Relief, to whom was referred sun- 
dry Ordinances relating to tax payers and tax collectors, 
having had the subject under consideration, respectfully 
report- That, while they regret the circumstances which 
cause all public burdens to be severely felt by our peo- 
ple they are obliged to recognize the necessity of sup- 
porting our civil government, and of promptly paymg 
the interest of the public debt. They are assured that 
the people of Georgia are resolved to maintain the credit 
of the State at every inconvenience to themselves. 
Under present laws, the Governor has a discretion to 
suspend the collection of taxes for a limited time; and 
the Committee desire that this discretion be now exer- 
cised so as to accommodate the tax payer, if it can be 



274 CONFEDEEATE ReCORDS 

done without injury to public interests. They recom- 
mend the passage of the following Resolution: 

Resolved, That the Convention request the Governor 
to exercise the power given him, by existing laws, to 
suspend the collection of taxes, if in his judgment, the 
same can be done without injuring the credit of the 
State. 

Mr. Hopkins moved to lay the report on the table. 
The motion was lost, and the report was then adopted. 

The following telegram from Governor Charles J. 
Jenkins, in response to a request of the Convention rela- 
tive to the furnishing of certain books, was read: 

•■>.■? 

MiLLEDGEviLLE, December 18, 1867. 

P. M. Sheibley, Secretary : 

The order has been issued to the Librarian. The 
books will be sent, if they be among the printed docu- 
ments. 

C. J. Jenkins. 

The call of the roll for the introduction of new matter 
being next in order, was proceeded with. 

By Mr. Miller. 

Resolved, by the people of Georgia, in Convention 
assembled. That the administration of Brevet Major 
General Pope, commanding Third Military District, re- 
ceives the cordial approval of this Convention; and we 
hereby tender to General Pope our hearty thanks for the 
wisdom, justice, and moderation with which he has exer- 
cised the vast powers conferred upon him by the author- 
ity of the Congress of the United States. 



JouENAL Constitutional Convention 1867-68 275 

On motion of Mr. Miller, the Rules were suspended, 
the resolution taken up and unanimously adopted. 

By Mr. Adkins. An Ordinance to secure impartial 
suffrage on the ratification of the Constitution of Geor- 
gia. Read the first time. 

By Mr. Angier. An Ordinance changing the Sena- 
torial Districts, and reducing the number of Senators and 
Representatives in the General Assembly of Georgia. 
Read the first time. 

By Mr. Ashburn. Certain memorials, which, without 
being read, were, on his motion, referred to the Commit- 
tee on Relief. 

By Mr. Blodgett. An Ordinance for the relief of the 
people of Georgia. Read the first time. 

By Mr. Blount. A Resolution instructing the Com- 
mittee on "Privileges and Elections" to inquire in re- 
gard to the right of certain Delegates to hold their seats 
in the Convention. Read the first time. 

By Mr. Bradley. An Ordinance providing for the 
election of Governor and other civil officers of this State, 
and for other purposes. Read the first time. 

By Mr. Brown. A Resolution recommending an 
article for the Constitution, prohibiting the intermarriage 
of the white with the colored race. Read the first time. 

By Mr. Bullock. A Resolution to add to the Com- 
mittee on Relief Messrs. Hopkins, Blodgett and Hotch- 
kiss. 

On the proposition to suspend the Rules for the pur- 
pose of taking up the Resolution, Mr. McCay rose to a 
point of order under Rule 23, assuming that the adoption 



276 Confederate Records 

of the pending Resolution would effect a change in Rule 
21, and, therefore, before acting thereon, one day's notice 
was required. 

The President sustained the point of order. 

Mr. Bullock appealed therefrom, the decision was 
overruled, and the Resolution was adopted. 

On the proposition to adopt the Resolution (Mr. Cot- 
ting in the Chair,) Mr. Edwards called for the previous 
question, which was sustained. The resolution was 
adopted. 

The Rules were suspended, on motion of Mr. White- 
ley, who offered the following: 

Whereas, We are informed that Brevet Major Gen. 
Pope, commanding this District, intends to visit this body 
at or about 12 m., of this day — 

Resolved, That a Committee of three be appointed to 
receive and conduct the General to the right of the Presi- 
dent of the Convention and that he be requested to ad- 
dress the same. 

On motion of Mr. Hopkins, the resolution was 
amended by adding, "and that, when he does come, he be 
cordially received." The resolution, as amended, was 
agreed to. 

Under the foregoing Resolution, the President ap- 
pointed Messrs. Whiteley, Blodgett, and Dews. 

Mr. Shropshire, from the Committee on Finance, re- 
ported the following communication : 



JouKNAL Constitutional Convention 1867-68 277 

Headquarters Third Military District, 

(Georgia, Alabama, and Florida.) 

Atlanta, Ga., Dec. 18, 1867. 

Hon. Wesley Shropshire, Chairman of the Committee of 
Finance of the Georgia. Constitutional Convention: 

Dear Sir: I have the honor to acknowledge the re- 
ceipt of your communication of this date, In which you 
state that "the law under which the Constitutional Con- 
vention is ordered provides, among other things, that the 
Convention shall assess, and have collected, a tax upon 
the taxable property of the jjeople of Georgia, to defray 
the expenses of the Convention. This will, perhaps, take 
six months. The pressing necessities of the Convention 
now require money to pay for stationery, fuel, and other 
things to meet the wants of the Convention. The Com- 
mittee on Finance, therefore, were instructed to call upon 
you, to ascertain if you will pass an order that will au- 
thorize the State Treasurer to advance the amount neces- 
sary for the present wants of the Convention, until the 
amount, so advanced, can be collected under the law 
ordering the assembling of the Convention." 

I answer to your inquiry, that I will authorize the 
Treasurer of the State of Georgia to advance the amount 
necessary to pay the expenses speciried in your communi- 
cation, not doubting that the Convention will, at the 
proper time, provide for the levy and collection of such 
taxes on the property in Georgia as may be necessary, to 
refund the State Treasury the amount so advanced. 
Respectfully, your obedient servant, 

John Pope, 
Brevet Major General U. S. A. 



278 Confederate Records 

Mr. Bryant offered the following Resolution, which, 
on motion, was taken up, read, and agreed to : 

Resolved, That Hon. N. L. Angier be, and he is hereby- 
appointed a Committee of one, to inquire into and make 
immediate report upon what provision can be made for 
the immediate payment of the members of the Conven- 
tion, as well as to meet the expenses incidental to the 
holding of the same ; and that he be empowered to visit 
the capital of the State, or other place therein, if neces- 
sary, to effect the end contemplated by this resolution. 

Leave of absence was granted Messrs. Potts, Dews, 
Cameron, Cutler, McCay, Gibson, Gilford, and Martin, 
of Calhoun. 

Mr. Caldwell presented a memorial from Benjamin 
F. Bigelow and E. Carter, contesting seats from the 38th 
and 39th Districts; also, an accompanying Resolution, 
which, on motion, were referred to the Committee on 
Privileges and Elections. 

Mr. Edwards presented a notice from Mr. J. R. Grif- 
fin, informing the Convention that he contests the seat 
of Mr. Isaac Anderson, and asking action of the Com- 
mittee on Privileges and Elections. Referred to said 
Committee. 

Mr. Conley offered a Resolution, instructing the Sec- 
retary to purchase and place a clock in the Hall of the 
Convention. Read the first time. 

The following Ordinances and resolutions were of- 
fered and read the first time, to- wit : 

By Mr. Crawford. An Ordinance for the relief ot 
creditors of this State. 



Journal, Constitutional Convention 1867-68 279 

By Mr. Gilbert. An Ordinance to abolish the Inferior 
Courts of this State. 

By Mr. Higbee. An Ordinance to revoke certain de- 
crees of Probate and other Courts in the State of Georgia. 

By Mr. Jordan. A Resolution instructing the Com- 
mittee on Bill of Rights to report an Ordinance exempt- 
ing homesteads valued at $2,500. 

By Mr. Martin of Habersham. An Ordinance to limit 
the Legislature, and all other authorities, in their powers 
of taxation. 

By Mr. Marler. A Resolution to petition Congress 
for the establishment of an Assayer's Office at Dahlonega, 
in this State. 

By Mr. McCay. A Resolution proposing a prefix to 
the Constitution. 

By Mr. Richardson. A Resolution, as a substitute for 
the Resolution of Mr. Blount, in regard to contested 
seats. 

By Mr. Rozar: A Resolution exempting certain 
property of widows from taxation. 

By Mr. Sherman. An Ordinance for the relief of the 
people of the State of Georgia. 

By Mr. Speer. A Resolution requesting the President 
of the Convention to appoint a Committee, consisting of 
one from each Judicial Circuit, to arrange the Congres- 
sional Districts of this State. Also, a Resolution in- 
structing the Committee on Privileges and Elections to 
inquire in regard to the citizenship of all the delegates 
of this Convention, and for other purposes therein men- 
tioned. 



280 CONFEDERA^TE KeCOEDS 

By Mr. Stanford. An Ordinance conferring on the 
Legislature of this State authority to regulate and con- 
trol the charges of all railroad and turnpike companies, 
and for other purposes therein mentioned. 

By Mr. Turner : A Eesolution requesting the Judici- 
ary Committee to inquire into the expediency of iavest- 
ing the Legislature or Governor with the appointment of 
Judges of Supreme and Superior Courts. 

By Mr. Welch. A Resolution to prevent duelling in 
this State. 

Mr. Bryant gave notice that he would, on to-morrow, 
move to strike out the 4th and 5th Rules of the order of 
the day. 

By Mr. Cotting. A Resolution to enlarge the duties of 
Grand Jurors. Read the first time and referred to the 
Judiciary Committee. 

By Mr. Strickland. An Ordinance for the relief of 
tenants. Ruled out of order, because of the nature of 
Legislative matter. 

By Mr. Edwards. A petition for the pardon of Jeffer- 
son Davis. 

Mr. Hopkins moved a suspension of the Rules, and de- 
sired the unanimous adoption of the measure. The 
motion to suspend the Rules did not prevail. 

By Mr. Murphy. A Resolution instructing the Secre- 
tary to transmit to the Commanding General of this Dis- 
trict a copy of the proceedings of this body, in relation to 
the appointment of a Provisional Governor. The Rule 
was suspended and the Resolution adopted. 



JouKNAL Constitutional Convention 1867-68 281 

The following Resolution, offered by Mr. Rozar, was 
read the second time and adopted, to-wit : 

Resolved, That, as an acknowledgement of the highest 
appreciation, this Convention tender thanks to the United 
States Government for the unparalleled magnanimity 
which has been bestowed upon this conquered people, and 
the great leniency given to a vanquished foe, and for the 
promotion of harmony, peace, and prosperity, and an 
everlasting Union. This manifestation of gratitude is 
made under a conviction that it is the voice of the people 
we have the honor to represent. Furthermore, for the 
philanthropic, humane, and beneficiary actions and gen- 
eral protection given to the entire populace (particularly 
that received from the department known as the Freed- 
men's Bureau), we must gratefully acknowledge; and 
from the most profound consideration, attribute such 
magnanimity, generosity, and leniency given to this peo- 
ple, as being the great blessings and benefits derived from 
a Republican Government. 

Tjhe Resolution offered by Mr. Gibson, instructing the 
Secretary to furnish each member of the Convention, 
daily, fifteen copies of the Daily New Era, was, on motion 
of Mr. Blount, laid on the table. 

The Ordinance offered by Mr. Campbell, to forever 
abolish imprisonment for debt in Georgia, was read the 
second time, and referred to the Committee on Bills of 
Rights. 

The Resolution offered by Mr. Turner, providing for 
the printing of two hundred copies of Mr. Ashburn's 
Ordinance, ''declaring all civil offices of this Slate 
vacant," was indefinitely postponed. 



282 Confederate Records 

The Resolution of Mr. Richardson, declaring that, in 
the Constitution to be framed, all distinctions of race or 
color, as to the rights, privileges, and immunities of 
citizens, should be ignored, was read the second time and 
referred to the Committee on Bill of Rights. 

The Resolution of Mr. Dunning, to prevent the sale of 
lottery tickets in the State of Georgia, was read the 
second time and referred to the Committee on Legislative 
Department. 

The Resolution of Mr. Bradley, declaring that mem- 
bers shall not call each other to account, outside of the 
Convention, for words used in debate, was referred to the 
Committee on Pri\dleges and Elections. 

The Resolution of Mr. Akerman, on the subject of a 
recess from this instant until the 8th day of January next, 
was, on his motion, laid on the table. 

The Resolution offered by Mr. Goodwin, of Bartow, as 
a substitute for the Resolution of Mr. Ashburn, declaring 
vacant the civil offices of Georgia, was read the second 
time and referred to the Committee on Franchise. 

The Resolution of Mr. Adkins, declaring all citizens, 
without regard to race or color, entitled to the same 
rights and privileges, was referred to the Committee on 
Bill of Rights. 

The Ordinance offered by Mr. Bigby, to extend the 
time of settlement by Tax Collectors with the Comp- 
troller and Treasurer, was referred to the Committee on 
Relief. 

A Resolution offered by Mr. Smith, of Coweta, invit- 
ing Judges of the Supreme Court of this State, and 



JouKNAL Constitutional. Convention 1867-68 283 

Judges of the United States Courts in this State, to seats 
in the Convention, was referred to the Judiciary Com. 
mittee. 

The Convention then adjourned until 10 o'clock to- 
morrow morning 



Atlanta, Ga., Friday, Dec. 20, 1867. 

T^he Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Secretary proceeded to read the Journal of yes- 
terday; whereupon Mr. Trammell gave notice thai he 
would move the reconsideration of so much thereof as re- 
lates to the passage of an Ordinance to fix the per di'em 
and mileage of members, and the per diem of officers of 
this Convention — which is as follows : 

Resolved, That the per diem and mileage of members, 
and officers of this Convention be the same as paid to the 
members and officers of the last General Assembly of this 
State. 

Mr. Prince moved to lay the proposition to reconsider 
on the table. This motion was withdrawn, by request, 
renewed, and again withdrawn, by permission. 

Mr. Bedford called for the preivous question. The 
call was sustained and the main question put ; upon which 
the yeas and nays were demanded. 

Those who voted in the affirmative, are Messrs. 
Akerman, Angle r. 



284 



Confederate Records 



Bell of Banks, 

Bowers, 

Bigby, 

Blount, 

Bracewell, 

Bryson, 

Burnett, 

Carson, 

Caldwell, 

Cole, 

Crane, 

Crawford, 

Cotting, 

Davis, 

Dunning, 

Dunnegan, 

Ellington, 

Fields, 

Flynn, 

Fort, 

Foster of Morgan, 

Foster of Paulding, 

Glover, 

Goodwin, 

Gove, 

Griffin, 

Harland, 

Harris of Newton, 

Harrison of Carroll, 

Hotchkiss, 

Houston, 



Holcombe, 

Hooks, 

Hudson, 

Hutcheson, 

Key, 

King, 

Lee, 

Lott, 

Madden, 

Marler, 

Mathews, 

Martin of Carroll, 

Martin of Habersham, 

McCay, 

Minor, 

Miller, 

McWhorter, 

Moore of White, 

Rice, 

Saffold, 

Smith of Thomas, 

Shropshire, 

Shumate, 

Stanford, 

Trammell, 

Turner, 

Waddell, 

Welch, 

Wilbur, 

Whiteley, 

Woodey. 



Those who voted in the negative, are Messrs. 



Adkins, 

Alexander 

Anderson, 

Ashbum, 

Bedford, 



Bentley, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowden of Campbell, 



Journal Constitutional Convention 1867-68 285 



Bowden of Monroe, 

Blodgett, 

Bryant, 

Brown, 

Bradley, 

Buc'lian, 

Campbell, 

Catching, 

Clift, 

Christian of Newton, 

Christian of Early, 

Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Cobb of Houston, 

Cobb of Madison, 

Costin, 

Conley, 

Crayton, 

Crumley, 

Daley, 

Dinkins, 

Edwards, 

Gilbert, 

Golden, 

Guilford, 

Harris of Chatham, 

Harrison of Hancock, 

Higbee, 

Higden, 

Hopkins, 

Howe, 

Jackson, 

Joiner, 

Jones, 



Knox, 

Linder, 

Lumpkin, 

Maddox, 

Maull, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Prince, 

RejTiolds, 

Richardson, 

Rozar, 

Robertson, 

Saulter, 

8ikes, 

Shields, 

Seeley, 

Sherman, 

Smith of Charlton, 

Speer, 

Stewart, 

Supple, 

Stanley, 

Stone, 

Strickland, 

Trawick, 

Walton, 

Wallace, 

Whi taker. 

Whitehead of Burke, 

Whitehead of Butts, 

Williams, 

Yeates. 



There are yeas 64 ; nays 81. So the motion to recon- 
sider did not prevail. 



286 CONFEDEKATE ReCORDS 

Mr. Shropshire, from the Committee on Finance, re- 
ported the following Ordinance, which was, on motion, 
taken up, to-wit: ''An Ordinance to levy and collect an 
extraordinary tax, to pay the delegates and officers con- 
nected with the Convention, as well as all other inciden- 
tal expenses." 

Be it Ordained by the people of Georgia, in Conven- 
tion assembled, That it shall be the duty of the Comp- 
troller General of the State of Georgia to levy and 
assess an extraordinary tax of one-sixteenth of one per 
cent, on all the taxable property of this State, as returned 
upon the digests for the year 1867, in addition to the 
State tax; and the Comptroller General shall direct and 
require the T^x Collectors in the several counties in this 
State to collect the tax so assessed, or so much thereof as 
will defray the expenses of this Convention, and pay the 
same into the Treasury of the State of Georgia on or be- 
fore the first day of November, 1868. 

Be it further Ordained by the authority aforesaid, 
That it shall be the duty of the Treasurer to pay each 
delegate and officer of the Convention the sum specified 
in a certificate of the Auditing Committee of this Con- 
vention, which shall be a voucher for the Treasurer of 
this State. 

Be it further. Ordained, That the several Tax Collec- 
tors shall reserve the same per cent, for collecting the 
same as they now are allowed by law for collecting the 
State tax. 

The report was amended, on motion of Mr. Blodgett, 
by striking out the word "extraordinary" wherever it 
occurred. 

It was further amended, on motion of Mr. McCay, by 



Journal Constitutional Convention 1867-68 287 

striking out all of the second section after the enacting 
clause, and inserting the following: 

That the Treasurer of this State is hereby authorized 
and directed to advance to the disbursing officer of this 
Convention, out of the Treasury of this State, Forty 
Thousand Dollars, to defray the expenses of this Con- 
vention, and the pay and mileage of its members and offi- 
cers up to the 23d day of December, 1867. 

Be it further Ordained, That N. L. Angier is hereby 
appointed the Disbursing Officer of this Convention, and 
is authorized to receive and receipt for the sum afore- 
said from the Treasurer, and to pay out the same on 
the warrant of the President of this Convention on the 
report of the Auditing Committee. The amount so ad- 
vanced by the Treasurer shall be replaced from the pro- 
ceeds of the tax ordained by this Convention to be 
assessed and collected for the expenses, pay, and mileage 
of the members and officers thereof. 

Pending the motion to adopt the report of the Com- 
mittee, as amended. Brevet Major-General John Pope, 
commanding the Third Military District, accompanied by 
a staff officer, was met at the door of the Hall by the 
Committee appointed to receive him, and conducted, 
amid applause, to the right of the President, and was 
welcomed by that officer as follows : 

Major-General John Pope : 

In the name and in behalf of the citizens of Georgia, 
in Convention assembled, I tender to you a cordial wel- 
come to the Hall of our deliberations. 

Gentlemen of the Convention, allow me to introduce 
to you Major-General Pope, Commander of the Third 



288 Confederate Records 

Military District, the representative of the Army and 
Government of the United States; and, as such, he is 
entitled to the warmest congratulations and the most 
heartfelt thanks for the kindness and consideration with 
which he has presided over the administration of our 
affairs. 

General Pope then Proceeded to address the Conven- 
tion as follows : 

Mr. President, and Gentlemen of the Convention : 

Be pleased to accept my thanks for the polite invita- 
tion which has occasioned my presence among you today, 
and my earnest thanks for the kind reception which I 
have received at your hands. I beg you to accept my 
grateful acknowledgments for the Resolutions trans- 
mitted to me on yesterday, approving my course in the 
administration of my office among you. I shall always 
cherish this mark of your approbation with the highest 
satisfaction. I congratulate you on the success which 
you have attained in the pacification of your State, and 
in the progress which you have made toward its restora- 
tion to the Union. I trust and believe that all the de- 
liberations of this body will be marked by moderation 
and justice, and that the Constitution which you may 
adopt will be affirmed and approved by the people to 
whom it is to be submitted— having for its end, as I be- 
lieve it will, the best welfare of the people of the State 
and of the whole country. I trust that your action here 
will not indicate any passion or prejudice, and that noth- 
ing will be inserted in the Constitution which you are 
about to frame, that will forbid its approval by the peo- 
ple, to whom it must be submitted, and by the whole 



JouBNAL Constitutional Convention 1867-68 289 

country. I beg you again, gentlemen, to accept my 
warmest thanks. 

On motion of Mr. McCay, the Convention took a re- 
cess of fifteen minutes, to allow the members an oppor- 
tunity of personal presentation to the Commanding 
General. 

The Convention was called to order, and the un- 
finished business resumed, to-wit: The amended report 
of the Finance Committee, which was adopted. 

On motion of Mr. Akerman, the Rules were sus- 
pended, and the following Resolutions, offered by him- 
self, taken up for final action, to-wit : 

Resolved, That the Convention take a recess from the 
19th day of December to the 8th day of January next — 
the members not to be entitled to their per diem com- 
pensation during the recess, but to be entitled to mileage 
to and from their homes. 

Resolved, That the Standing Committees have leave 
to sit during the said recess, and the members of such 
Committees be entitled to their per diem compensation 
for such days in the recess as they actually sit. 

Mr. Akerman moved to strike out "19" and insert 
"23." 

Mr. Trammell called for a division of the question. 
The motion to strike out prevailed. The proposition to 
fill the blank with "23" was agreed to. 

Mr. Akerman moved to strike out the words "but to 
be entitled to mileage to and from their homes." The 
same was agreed to, and the Resolution adopted as 
amended. 



290 Confederate Records 

Mr. Turner moved a suspension of the Rules, in order 
to take up a petition, offered by Mr. Edwards, for the 
pardon of Jefferson Davis. The motion was lost. 

Mr. Trammell made the following report from the 
Committee on Privileges and Elections, to-wit: 

Resolved, That the Chairman of the Committee on 
Privileges and Elections be authorized to employ such 
Clerks as may be necessary in the discharge of the duties 
of that Committee, and that said Committee be author- 
ized to send for persons and papers. 

The report was, on his motion, taken up, read, and 
adopted. 

Upon the motion of Mr. Blodgett, the Ordinance in- 
troduced by Mr. Hopkins, in relation to Banks, was refer- 
red to the Committee on Relief. 

On the call of the roll for the introduction of new 
matter, the following Ordinances and Resolutions were 
offered and read the first time, to-wit. 

By Mr, Chatters. An Ordinance in relation to the in- 
termarriage of the white and colored races. Also, a Res- 
olution tendering thanks of the Convention to the Edi- 
tors and Reporters of the Daily New Era. 

By Mr. Cooper — An Ordinance securing a homestead 
to every citizen of Georgia. 

By Mr. Dunning. A Resolution instructing the Com- 
mittee on Revision to report an Ordinance for the re- 
moval of the Capital of the State. 

By Mr. Higbee. An Ordinance declaring it the duty 
of the General Assembly to provide by law for a system 
of common schools. 



Journal. Constitutional. Convention 1867-68 291 

Mr. Hopkins presented certain Ordinances for relief, 
which on his motion, were referred to their appropriate 
Committees without being read. 

By Mr. Hotchkiss. An Ordinance to prevent the levy 
and sale of property in Georgia under execution, founded 
on demands originating prior to the first day of June, 
1865, until the adjournment of the next Legislature, or 
until this Convention shall otherwise direct. 

By Mr. Stanford — An Ordinance as a substitute for 
all Ordinances introduced on the subject of homesteads. 

By Mr. Speer. An Ordinance for the relief of the 
people of this State. 

By Mr. Rozar. A Resolution for the relief of con- 
victs in the Penitentiary of Georgia. 

By Mr. Bradley. An Ordinance relative to the qualifi- 
cation of voters and exemption of homesteads. 

By Mr. Murphy. A Eesolution regulating the num- 
ber of county officers, and the mode of their appointment. 

Mr. Fort, from the Committee on Enrollment, made 
the following report, to- wit: 

Mr. President. 

The Committee on Enrollment report the following 
Ordinance as regularly enrolled, and ready for the sig- 
nature of the President and attestation of the Secretary, 
to-wit: ''An Ordinance to levy and collect a tax for de- 
fraying the expenses of this Convention, and for other 
purposes. ' ' 

On motion, the Convention adjourned until 10 o'clock 
a. m. to-morrow. 



292 Confederate Records 

Atlanta, Ga., Saturday, Dec. 21, 1867. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Harlan. 

The Journal was Read. 

Mr. Dunning moved that the Convention adjourn un- 
til 10 o'clock a. m., Monday, in order that the Standing 
Committees be allowed this day to consider the various 
subjects referred to them, and to prepare their reports 
thereon. 

The motion prevailed, and the President declared the 
Convention adjourned until 10 o'clock a. m., Monday. 



Atlanta, Ga., Monday, Dec. 23, 1867. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Trawick. 

The Journal was read. 

On motion of Mr. Akerman the Rule fixing the daily 
hour of adjournment at 2 o'clock p. m. was suspended 
for this day, and on his motion the Convention took a 
recess until 3 o'clock p. m. 



3 o'clock p. m. 

The Convention resumed the consideration of busi- 
ness. 

Mr. Bryant, from the Committee on Franchise, re- 
ported back to the Convention, with the recommendation 
that they be referred to the Committee on Bill of Rights, 



Journal, Constitutional Convention 1867-68 293 

an Ordinance prohibiting common carriers in this State 
from discriminating against passengers on account of 
race or color; and a Resolution declaring that no words 
used to distinguish any particular race shall be engrafted 
into any Ordinance, Resolution or Constitution adopted 
by this Convention. Also, with the recommendation of 
reference to the Judiciary Committee, a Resolution rela- 
tive to the right and duty of the Convention to declare all 
civil offices in this State vacant, and to fill the same as 
they may deem best. The proposed references were 
made. 

Mr. Shopshire, from the Committee on Finance, re- 
ported an Ordinance to authorize the negotiation of a 
loan for defraying the expenses of this Convention, 
which is as follows: 

Be it Ordained hy the people of Georgia, in Conven- 
tion assembled, That the Disbursing Officer of this Con- 
vention is hereby empowered to negotiate a loan or loans, 
on reasonable terms, by the 8th day of January next, for 
such sums as may be needed for the expenses of this Con- 
vention, and pay and mileage of the officers and members 
thereof; and that this Convention is hereby pledged to 
the exercise of all the powers which it possesses by the 
Acts of Congress, or otherwise, to provide means for 
repaying such loans with the interest agreed on. 

On motion of Mr. Shopshire the Rule was suspended 
and the report taken up. 

Pending action thereon, Mr. Bryant called for the re- 
port of the Disbursing Officer of the Convention, which 
was presented and read as follows, to-wit : 



294 Confederate Records 

Atlanta, Ga., Dec. 23d, 1867 

To the Georgia State Convention, in session at Atlanta: 

The duty devolving on me by your action in an Ordi- 
nance appointing a Disbursing Officer, authorizing him 
to receive and receipt for a certain sum of money from 
the Treasurer, I undertook to perform, by first getting 
instructions from General Pope to the State Treasurer 
to comply with the provisions of said Ordinance. On 
presenting said Ordinance and instructions to the said 
Treasurer, at Milledgeville, the following response, in 
substance, was received: That holding his office under 
the Constitution of the State of Georgia adopted in 1865, 
being sworn to perform its duties according to that Con- 
stitution and the laws of the State, by which he was for- 
bidden to pay money out of the Treasury except upon 
warrant of the Governor and sanction of the Comptroller 
General, and having entered into heavy bonds for the 
faithful performance of the duties so prescribed, he was 
compelled to decline making the payment ordered by the 
Convention and authorized by General Pope. 

Respectfully submitted, 

N. L. Angieb. 

On motion of Mr. Goodwin the report was amended 
by inserting the word "Constitutional" between the 
words "State" and "Convention," so as to read "To 
the Georgia State Constitutional Convention." The same 
as amended was received. 

The question recurring upon the adoption of the 
report of the Finance Committee, the yeas and nays were 
demanded. 



JouRNAi. Constitutional Convention 1867-68 295 



Those who voted in the aflBrmative, are Messrs. 



Akerman, 

Angier, 

Bell of Banks, 

B-owden of Campbell, 

Bowden of Monroe, 

Bowers, 

Blount, 

Bracewell, 

Bryson, 

Carson, 

Christian of Newton, 

Christian of Early, 

Cole, 

Crane, 

Crawford, 

Davis, 

Flynn, 

Fort, 

Foster of Paulding, 

Harland, 

Higden, 

Hotchkiss, 



Houston, 

Holcombe, 

Hudson, 

Hutcheson, 

Jordan, 

Key, 

Lott, 

Marler, 

Martin of Carroll, 

Martin of Habersham, 

Miller, 

Moore of White, 

Smith of Clarlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Stanford. 

Trammell, 

Waddell, 



Those who voted in the negative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashbum, 

Bedford, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Blodgett, 

Bryant, 

Bradley, 

Buehan, 

Bullock, 



Campbell, 

Catching, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Cos tin, 

Crayton, 

Crumley, 

Daley, 

Dinkins, 

Dunning, 



296 



Confederate Records 



Dmmegan, 

Edwards, 

Ellington, 

Gilbert, 

Goodwin, 

Golden, 

Guilford, 

Harris of Chatham, 

Harrison of Hancock, 

Higbee, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Knox, 

Lee, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Mathews, 

Minor, 

Moore of Columbia, 

Murphy, 

Noble, 



Palmer, 

Pope, 

Reynolds, 

Richardson, 

Rozar, 

Saulter, 

Sikes, 

Shields, 

Seeley, 

Sherman, 

Stewart, 

Supple, 

Stanley, 

Stone, 

Strickland, 

Trawick, 

Turner, 

Wallace, 

Welch, 

Wilbur, 

Whi taker. 

Whitehead of Burke, 

Whiteley, 

Williams, 

Woodey, 

Yeates. 



There are yeas 43 ; nays 78. So the motion to adopt 
the resolution did not prevail. 

On motion of Mr. Blodgett the Convention adjourned, 
and was declared by the President adjourned, "by virtue 
of a Resolution, until 10 o'clock a. m. January 8th, LS68. 



Atlanta, Ga., Wednesday, Jan. 8, 1868. 
The Convention met pursuant to adjournment. 



Journal Constitutional Convention 1867-68 297 

Prayer by the Chaplain. 

The roll was called and a quornni found present. 

The Journal wias read. 

The call of the roll for the introduction of new matter 
was proceeded with, when the following Ordinances and 
Resolutions were offered and read the first time, to-wit : 

By Mr. Bell of Banks. A Resolution to incoiporate 
in the Constitution a clause requiring the General As- 
sembly to foster works of internal improvement. 

By Mr. Blount. An Ordinance to declare illegal, null 
and void, all notes, bonds and executions for the pur- 
chase of slaves ; an Ordinance to declare null and void all 
laws of the State of Georgia while in rebellion against 
the United States, by which money has been raised for 
the purpose of carrying on and sustaining the late war 
against the United States, and all notes, bills, bonds, and 
contracts founded thereon; a Resolution of welcome to 
Major-General Meade; an Ordinance to declare illegal, 
null and void all notes, bonds, and executions, and con- 
tracts for services or hire as substitutes in the Confed- 
erate Army; and an Ordinance to declare null and void 
certain Ordinances and Resolutions heretofore passed by 
the people of the State of Georgia, in Convention. 

By Mr. Bowers. An Ordinance in relation to the 
qualification of civil officers in this State. 

By Mr. Burnett. An Ordinance for the relief of the 
people of Georgia. 

• By Mr. Clift. An Ordinance declaring the relations 
of the people of Georgia to the Government of the United 
States. 



298 Confederate Records 

By Mr. Bryant. A Resolution to instruct tlie Presi- 
dent to appoint a Committee of seven on Corporations, 
and a similar Committee on Resolutions. 

By Mr. Conley. An Ordinance for the relief of the 
people of Georgia. 

By Mr. Davis. A Resolution to prevent the sale of 
spirituous liquors on days of election. 

By Mr. Ashburn. Resolutions asking National aid 
for material purposes, and recommending the railway 
system and a recognition of the principle as set forth by 
the National Railway League. 

By Mr. Seeley. An Ordinance declaring null and 
void certain Ordinances and Resolutions passed by the 
Secession Convention of the State of Georgia. 

By Mr. Higbee. An Ordinance to establish home- 
steads. 

By Mr. Holcombe. A Resolution to inquire into the 
authority by which members of this Convention hold 
their seats. 

By Mr. Hotchkiss. A Resolution relative to the ap- 
pointment of a Committee of five to wait upon General 
Meade, to inform him of the re-assembling of the Con- 
vention, tendering to him and his staff seats in the Hall, 
and to inform him that the Convention will be pleased to 
receive any communications which he may desire to 
make. 

Mr. Hotchkiss gave notice of a motion to amend the 
twenty-first Rule, by adding a Committee on Miscel- 
laneous Matters. 



JouENAL, Constitutional Convention 1867-68 299 

By Mr. Maddox. An Ordinance for relief of persons 
holding change bills issued by the Western & Atlantic 
Railroad. 

By Mr. Richardson. An Ordinance for the relief of 
the people, and to protect them against fraud practiced 
upon them by lotteries. 

Mr. Trammell rose to a point of order, which was 
sustained by the President, and the Ordinance ruled out 
of order. 

By Mr. Strickland. A Resolution requesting the con- 
tinuation of the Freedmen's Bureau. 

By Mr. Trammell. A Resolution to amend the order 
or the day by adding after the fifth order the following : 

6th. Resolutions for a second reading and for final 
action. 

By Mr. Turner. A Resolution to stay the collection 
of taxes. 

By Mr. Wallace. A substitute for a Resolution of- 
fered by Mr. Dunning relative to the removal of the 
Capital. 

The President decided that a substitute could only be 
offered when the original measure is taken up for final 
action, and that the foregoing was out of order. 

On motion of Mr. Blount, the Rules were suspended, 
and the following Resolution, offered by him, was taken 
up: 

Resolved, That a Committee of three be appointed 
to wait upon Major General Meade, and invite him to 
visit this Convention at pleasure; that this Convention 



300 Confederate Eecords 

do welcome him, in behalf of the citizens of Georgia, as 
Commanding General of the Third Military District. 

Mr. Bedford offered the following, which was intro- 
duced by Mr. Ilotchkiss, as a substitute for the foregoing, 
which was accepted by Mr. Blount: 

Resolved, That a Committee of five be appointed to 
wait upon General Meade, the Commander of this Dis- 
trict, and inform him that the Convention has re-assemb- 
led according to adjournment, and tender to him and his 
staff the privilege of seats in this Hall, and will be 
pleased to receive any communication he may desire to 
make. 

Mr. Akerman offered the following as a substitute for 
the original and substitute: 

Resolved, That Major-General Meade and his staff 
be invited to seats on the floor of the Convention. 

Resolved, TJiat a Committee of five be appointed by 
the President to present the foregoing Resolution to 
Major-General Meade, and to make it known to him that 
the Convention welcomes him to this Military District, 
and will take pleasure in co-operating with him (to the 
extent of its powers) in executing the Reconstruction 
Acts of Congress. 

The same was adopted and passed. 

On motion of Mr. Miller the Rules were suspended, 
when he proposed to amend the Rules of Order by strik- 
ing out the words "Committee of the Whole," and in- 
serting in lieu thereof the words "Standing Commit- 
tees. ' ' 

Mr. McCay offered as a substitute for the amend- 



Journal Constitutional Convention 1867-68 301 

ment of Mr. Miller, the following: ''Reports of Standing 
Committees," the same to be inserted as a distinct sec- 
tion between sections two and three. 

The substitute was accepted by Mr. Miller, and 
passed. 

On motion of Mr. Miller the Rule of Order was fur- 
ther amended by adjusting the numbers of its sections 
in according with the foregoing addition thereto. 

Mr. Conley in the Chair. 

An Ordinance to secure impartial suifrage on the 
ratification of the Constitution of Georgia, was read the 
second time, and on motion of Mr. Bryant laid on the 
table until to-morrow. 

An Ordinance in relation to vacating the civil offices 
of the State or Territory of Georgia, and for other pur- 
poses, which on the 17th day of December was taken up 
for a second reading and ruled out of order by the Pre- 
sident, came up again, by mistake, for a second reading, 
and being read, was on motion made the special order for 
to-morrow. 

Mr. Trammell called the attention of the Convention 
to the previous disposition of said Ordinance, and moved 
the unanimous reconsideration of the action of this day 
thereon, in order that the Journals might be consistent. 

The motion did not prevail. 

The following Ordinances were read the second time, 
and on motion referred to the Committee on Bill of 
Rights, to-wit: 

An Ordinance by Mr. Murphy to allow each head of a 
family in Georgia a homestead. 



302 Confederate Records 

An Ordinance by Mr. Stanford, intended as a sub- 
stitute for other Ordinances in relation to homesteads. 

An Ordinance by Mr. Smith, of Coweta, on the sub- 
ject of homesteads. 

An Ordinance on the same subject by Mr. Chatters. 

An Ordinance by Mr. Dews on the same subject. 

The Ordinance by Mr. Bradley in relation to the 
qualification of voters in this State, and to secure home- 
steads to certain persons, was read the second time, and 
on motion of Mr. Richardson, referred to the Committee 
on Franchise. 

Ordinances for the relief of the people of Georgia, 
offered by Mr. Speer, Mr. Sherman, and Mr. Blodgett, 
were read the second time, and referred to the Commit- 
tee on Relief. 

An Ordinance by Mr. Crawford for the relief of credi- 
tors in this State, was read the second time, and referred 
to the Committee on Relief. 

An Ordinance to change the Senatorial Districts, and 
to reduce the number of Senators and Representatives in 
the General Assembly of Georgia, was read the second 
time, and referred to the Committee on Legislative De- 
partment. 

An Ordinance to dissolve the inferior Courts of this 
State, and an Ordinance for the relief of certain debtors 
in this State, were read the second time, and referred to 
the Committee on Judiciary. 

The following Ordinances were ruled out of order by 
the President because in the nature of Legislative mat- 
ter, to- wit: 



Journal Constitutional Convention 1867-68 303 

An Ordinance to regulate and fix the salaries of offi- 
cers of this State, and for other purposes. 

An Ordinance to confer on the Legislature authority 
to regulate, fix and control charges on Railroads, 
Bridges, Ferries, and Turnpikes in this State. 

An Ordinance revoking all orders and decrees of 
Probate Courts binding or apprenticing minors without 
the consent of parents. 

An Ordinance offered by Mr. Martin, of Calhoun, 
entitled '^An Ordinance of Economy on the pay and mile- 
age of Delegates to this Convention," was read the 
second time, and on motion of Mr. Speer indefinitely 
postponed, the Convention having previously taken final 
action on its subject matter. 

An Ordinance for the relief of females, minors, idiots, 
and lunatics, was read the second time, and referred to 
the Committee on Relief. 

On Motion of Mr. Parrott the Rules were suspended 
and the Resolution offered today by Mr. Tl-ammell, add- 
ing an additional clause to the Order of the Day, was 
taken up and agreed to. 

Mr. Holcombe moved a suspension of the Rule for the 
purpose of taking up his Resolution instructing the Com- 
mittee on Privileges and Elections to inquire in regard 
to the authority by which members hold their seats, and 
the report thereon. 

The motion did not prevail. 

The following gentlemen were announced as the Com- 
mittee appointed under the Resolution tendering seats in 
the Hall to Major-General Meade and his staff, to-wit: 



304 Confederate Recoeds 

Messrs. Blount, Bryant, Waddell, Dunning, and Hotch- 
kiss. 

The following report was made by Mr. Fort from the 
Committee on Enrollment: 

Mr. President : 

TJie Committee on Enrollment beg leave to report the 
following Resolution as regularly enrolled and ready for 
the signature of the President and attestation of the 
Secretary, to-wit: 

A Resolution tendering to General Meade and to his 
staff officers seats on the floor of the Convention. 

Mr. Gribson moved a suspension of the Rules for the 
purpose of taking up the Resolution offered by himself 
in relation to the appointment of a Committee, consisting 
of one member from each Congressional District in this 
State, to confer with General Pope and make up a list of 
such citizens of Georgia as are in favor of Reconstruc- 
tion under the late Acts of Congress ; conferring the 
power on said Committee to select two discreet persons 
and send them at once to the City of Washington to urge 
upon Congress the propriety of relieving from disabili- 
ties imposed by the requirements of the test oath, such 
gentlemen as may be mentioned in said list. 

The motion to suspend the Rule did not prevail. 

On motion the Convention adjourned until 10 o'clock 
a. m. to-morrow. 



JouENAL. Constitutional Convention 1867-68 305 
\ Atlanta, Ga., Jan. 9, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read, and Mr. Turner having given 
notice of his intention to move the reconsideration of 
so much thereof as relates to the indefinite postponement 
of the Ordinance giving authority to the Legislature to 
control, fix and regulate the charges on Railroads', 
Bridges, Ferries and Turnpikes, submitted the motion, 
which prevailed. 

The Ordinance was, on motion, referred to the Com- 
mittee on Legislative Department. 

Mr. Blount, from the Special Committee appointed 
to wait upon Major-General Meade, made the following 
report, to-wit: 

Mr. President: 

The Committee appointed to wait upon Major-Gen- 
eral Meade and present to him the Resolution passed by 
this Convention, ask to report: That they have per- 
formed that duty. The interview was pleasant and cor- 
dial. Major-General Meade tenders his thanks to the 
members of the Convention for their generous senti- 
ments, with the assurance that he will use all the powers 
conferred upon him by the Reconstruction Acts for a 
speedy restoration of Georgia to all her rights in the 
Union. 

Mr. Trammell, from the Committee on Privileges and 
Elections, submitted the following report: 



306 CONFEDEEATE RECORDS 

Mr. President: 

The Committee on Privileges and Elections make the 
following report: 

By the fourth section of an Act, entitled "An Act 
supplementary to an Act to provide for the more efficient 
government of the rebel States," passed March 2d, 1867, 
it is provided that the commanding General of each Dis- 
trict shall appoint as many Boards of Registration as 
may be necessary, consisting of three loyal officers, or 
persons, to make and complete the registration, super- 
intend the election, and make return to him of the votes, 
list of voters', election returns, and the persons elected 
as delegates by a plurality of votes cast at said election. 

Your Committee are of opinion that the whole ques 
tion of votes, list of voters, and persons elected is refer- 
red by the law to the Commanding General, and that the 
proclamation of General Pope, declaring the persons 
elected, is conclusive upon all questions as to who is 
elected. Your Committee, therefore, recommend the 
adoption of the following Resolution : 

Resolved, That the Proclamation of General Pope is 
conclusive in all cases as to the votes, list of voters, elec- 
tion returns, and persons elected. 

On motion of Mr. Conley the Rule was suspended, 
and the report taken up and adopted. 

Mr. Harris, from the Committee on Relief, presented 
the following majority report, announcing, at the same 
time, that a minority report of said Committee would be 
presented : 



Journal Constitutional Convention 1867-68 307 

Your Committee, to whom was referred the subject of 
relief, beg leave to report the following : 

Wheeeas^ By the late disastrous war the people of 
Georgia have lost over four hundred millions of taxable 
property ; also, a vast depreciation of real estate and the 
total loss of four years ' labor, thereby throwing into 
hopeless confusion the equitable relations of debtor and 
creditor; and. 

Whereas, The indebtedness of the State to her citi- 
zens has been repudiated, and her most solemn contracts 
violated and sanctioned and sustained by her ablest 
jurists, thereby leaving the people to bear as best they 
can the increased burdens thus imposed; and. 

Whereas, The low price of cotton, the scarcity of 
money, the unsettled condition of the political affairs of 
the State, and the derangement and inefficiency of labor, 
render it impossible for the debtor to make even partial 
payment; and. 

Whereas, To undertake to force the payment of in- 
debtedness would only result in bankruptcy and utter 
ruin of the great masses, and concentrate into the hands 
of a few the little remaining from ruthless war; and. 

Whereas, All or nearly all the indebtedness was 
based directly or indirectly upon the property thus des- 
troyed or depreciated, while the amount of indebtedness 
is held undiminished. Therefore, 

We, the people of Georgia in Convention assembled, 
do solemnly Ordain, That from and after the passage of 
this Ordinance no Court in this State shall have jurisdic- 
tion at any time, to hear or determine, or render judg- 
ment against any citizen of this State upon any contract 



( 

( 



308 Confederate Records 

or agreement made or entered into, or for any tort or in- 
jury committed prior to the first day of June, 1865 ; nor 
shall any court or ministerial officer of this State ever 
have jurisdiction to enforce any judgment or execution, 
rendered or issued upon any contract or agreement, or 
for any tort or injury committed prior to said first day of 
June, 1865. 

Your Committee also submit the following Resolu- 
tion: 

Resolved, That the Committee on the Judiciary be, 
and they are hereby instructed to insert in that part of 
the Constitution which defines the powers of the Judi- 
ciary of this State, the following section, to- wit: 

No Court in this State shall have jurisdiction at any 
time to hear or determine or render judgment against 
any citizen of this State, upon any contract or agree- 
ment made or entered into, or for any tort or injury com- 
mitted prior to the first day of June, 1865 ; nor shall any 
Court or ministerial officer of this State, ever have juris- 
diction to enforce any judgment or execution, rendered 
or issued upon any contract or agreement, or for any 
tort or injury made or committed prior to said first day 
of June, 1865. 

John Harris, Chairman. 

C. H. Hopkins, 

N. P. HOTCHKISS, 

W. L. Goodwin, 
R. B. Bullock, 
W. W. Dews, 
W. H. Whitehead. 



JouENAL Constitutional Convention 1867-68 309 

Leave of absence was granted Messrs. Edwards, 
Dews, Daley, Wilbur, and Roberts, on account of sick- 
ness. 

Mr. Bigby, from the Committee on Executive Depart- 
ment, made the following report: 

Mr. President: 

The Executive Committee have had under considera- 
tion the matters relating to the Executive Department, 
and beg leave to submit the following report: 

ARTICLE III. 

Section I. 

1. The Executive power shall be vested in a Gover- 
nor, who shall hold his office during the term of four 
years, and until such time as a successor shall be chosen 
and qualified. He shall have a competent salary, estab- 
lished by law, which shall not be increased or diminished 
during the period for which he shall have been elected; 
neither shall he receive within that period any other 
emolument from the United States, or either of them, or 
from any foreign power. 

2. The Grovernor shall be elected by the persons 
qualified to vote for members of the General Assembly, 

on in the year eighteen hundred and 

sixty-eight, and quadriennially thereafter on the . 

until such time be altered by law, which elec- 
tion shall be held at the places of holding general elec- 
tions in the several counties of this State, in the same 
manner as is prescribed for the election of members of 
the General Assembly. The returns for every election of 



310 Confederate Records 

Governor shall be sealed up by the Managers separately 
from other returns, and directed to the President of the 
Senate and Speaker of the House of Representatives, 
and transmitted to His Excellency, the Governor, or the 
person exercising the duties of Governor for the time 
being, who shall, without opening the said returns, cause 
the same to be laid before the Senate on the day after the 
two Houses shall have been organized, and they shall be 
transmitted by the Senate to the House of Representa- 
tives. The members of each branch of the General As- 
sembly shall convene in the Representative Chamber, 
and the President of the Senate and the Speaker of the 
House of Representatives shall open and publish the re- 
turns in the presence of the General Assembly, and the 
person having the majority of the whole number of votes 
given shall be declared duly elected Governor of this 
State; but if no person have such majority, then from the 
two persons having the highest number of votes, who 
shall be in life, and shall not decline an election at the 
time appointed for the Legislature to elect, the General 
Assembly shall immediately elect a Governor viva voce; 
and in all cases of election of a Governor by the General 
Assembly, a majority of the votes of the members pres- 
ent shall be necessary for a choice. Contested elections 
shall be determined by both Houses of the General As- 
sembly, in such manner as shall be prescribed by law. 

3. No person shall be eligible to the office of Gover- 
nor who shall not have been a citizen of the United 
States fifteen years and a citizen of this State ten years, 
and who hath not attained the age of thirty years. 

4. In case of the death, resignation, or disability of 
the Governor, the President of the Senate shall exercise 



Journal Constitutional Convention 1867-68 311 

the Executive powers of the government until such dis- 
ability be removed, or a successor is elected or qualified. 
And in case of the death, resignation, or disability of the 
President of the Senate, the Speaker of the House of 
Eepresentatives shall exercise the Executive powers of 
the government until the removal of the disability, or the 
election and qualification of a Grovernor. The General 
Assembly shall have power to provide by law for filling 
unexpired terms by a special election. 

5. TJie Grovernor shall, before he enters on the duties 
of his office, take the following oath or affirmation: "I 
do solemnly swear or affirm (as the case may be), that 
I will faithfully execute the office of Grovernor of the 
State of Georgia; and will, to the best of my abilities, 
preserve, protect, and defend the Constitution thereof, 
and the Constitution of the United States of America." 

Section II. 

1. The Governor shall be Commander-in-Chief of the 
Army and Navy of this State, and of the Militia. 

2. He shall have power to grant reprieves and par- 
dons, to commute penalties, and to remit any part of a 
sentence for offences against the State, except in cases of 
impeachment. 

3. He shall issue writs of election to fill all vacancies 
that happen in the Senate or House of Eepresentatives, 
and shall have power to convoke the General Assembly 
on extraordinary occasions, and shall give them, from 
time to time, information of the State of the Common- 
wealth, and recommend to their consideration suoh 
measures as he may deem necessary and expedient. 



312 Confederate Eecords 

4. When any office shall become vacant by death, re- 
signation, or otherwise, the Governor shall have power 
to fill such vacancy, unless otherwise provided by law; 
and persons so appointed shall continue in office until a 
successor is appointed agreeably to the mode pointed out 
by this Constitution, or by law in pursuance thereof. 

5. A person once rejected by the Senate shall not be 
reappointed by the Governor to the same office during 
the same session or the recess thereafter. 

6. The Governor shall have the revision of all bills 
passed by both Houses, before the same shall become 
laws ; but two-thirds of each House may pass a law not- 
withstanding his dissent, and if any bill should not be 
returned by the Governor within five days (Sundays 
excepted) after it has been presented to him, the same 
shall be a law, unless the General Assembly, by their ad- 
journment, shall prevent its return. He may approve 
any appropriation, and disapprove any other appropria- 
tion in the same bill, and the latter shall not be effectual 
unless passed by two-thirds of each House. 

7. Every vote, resolution, or order, to which the con- 
currence of both Houses may be necessary, except on a 
question of election or adjournment, shall be presented 
to the Governor; and before it shall take effect, be ap- 
proved by him, or being disapproved, shall be repassed 
by two-thirds of each House, according to the rules and 
limitations prescribed in case of a bill. 

8. There shall be a Secretary of State, a Comptroller 
General, a Treasurer, a Surveyor General, elected by 
the General Assembly, and they shall hold their offices 



JouENAL Constitutional Convention 1867-68 313 

for the like period as the Governor, and shall have a 
competent salary, which shall not be increased or dimin- 
ished during the period for which they shall have been 
elected. The General Assembly may, at any time, con- 
solidate any two of these offices, and require all the duties 
to be discharged by one officer. 

9. The great seal of the State shall be deposited in 
the office of the Secretary of State, and shall not be af- 
fixed to any instrument of writing but by order of the 
Governor or General Assembly; and that now in use 
shall be the great seal of the State, until otherwise pro- 
vided by law. 

10. The Governor shall have power to appoint his 
own Secretaries, not exceeding two in number, unless 
more shall be authorized by the General Assembly. 

On motion of Mr. Blount the Rule was suspended, 
when he moved that five hundred copies of the foregoing 
report be printed for the use of the Convention, and 
that the report be made the special order for Monday 
next. 

Mr. Akerman called for a division of the question, and 
the vote being taken on the proposition to print, the 
motion prevailed. 

Mr. Blount asked leave to withdraw the motion to 
make the report the special order for Monday next, but 
objection was made, whereupon Mr. Richardson moved 
to lay the motion on the table. The same prevailed. 

The Resolution of Mr. Ashburn, to declare vacant the 
civil offices in this State or Territory of Georgia, and to 
provide for filling the same, being the special order for 



314 Confederate Records 

the day, was taken up, and being read, was ruled out of 
order by the President, for the reason that it had been 
ruled out of order on the 17th of December as legislative 
matter, and because the subject of the action of the Con- 
vention yesterday by mistake. 

From this decision Mr. Ashbum appealed, which ap- 
peal he withdrew. 

On the call of the roll for the introduction of new 
matter, the following Ordinances and Resolutions were 
offered and read the first time : 

By Mr. Adkins. An Ordinance to secure adequate 
and equitable relief to the people of Georgia. 

By Mr. Anderson (Mr. Shropshire in the Chair). An 
Ordinance for the relief of purchasers of slaves. 

By Mr. Ashbum. A Resolution to declare vacant the 
civil offices of the State or Territory of Georgia, and to 
provide for filling the same. 

Mr. Trammell rose to a point of order, assuming that 
this Resolution being the same in substance as that which 
had been ruled out of order as legislative matter, could 
not be entertained by the Convention. 

The President pro tern, sustained the point of order. 

Mr. Ashbum appealed from the decision of the Chair, 
insisting that the Resolution differed materially from 
that which had been ruled out of order, as to the time of 
vacating and the mode of filling said offices. 

Mr. Cotting called for the previous question, which 
was sustained. 

The main question was then put, and upon this the 
yeas and nays were required to be recorded. 



Journal, Constitutional Convention 1867-68 315 



Those who voted in the affirmative, are Messrs. 



Akerman, 

Angler, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Bigby, 

Blount, 

Bryson, 

Burnett, 

Caldwell, 

Cooper, 

Cobb of Madison, 

Cole, 

Crawford, 

Cotting, 

Davis, 

Dunning, 

Dunnegan, 

Fields, 

Flynn, 

Fort, 

Foster of Morgan, 

Foster of Paulding, 

Gibson, 

Goodwin, 

Gove, 

Griffin, 

Harland, 

Harris of Newton, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 



Hooks', 

Howe, 

Hudson, 

Hutcheson, 

Jordan, 

Key, 

King, 

Knox, 

Lee, 

Maddox, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McCay, 

Miller, 

McWhorter, 

Moore of White, 

Potts, 

Rice, 

Robertson, 

Saffold, 

Saulter, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Trammell, 

Trawick, 

Waddell, 

Wilbur, 

Whiteley, 

Woodey, 

Wooten. 



316 



CONFEDEEATE RECORDS 



Those who voted in the negative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashburn, 

Bedford, 

Bentley, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowers, 

Bryant, 

Brown, 

Bracewell, 

Bullock, 

Campbell, 

Catching, 

Casey, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Con ley. 

Crane, 

Crayton, 

Crumley, 

Dinkins, 

Ellington, 

Gilbert, 

Golden, 

Guilford, 

Harrison of Hancock, 

Higbee, 

Hopkins, 



Jackson, 

Joiner, 

Jones, 

Linder, 

Lumpkin, 

Madden, 

Maull, 

Mathews, 

McHan, 

Minor, 

Moore of Columbia, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Richardson, 

Rozar, 

Sikes, 

Shields, 

Seeley, 

Sherman, 

Smith of Charlton, 

Stewart, 

Supple, 

Stone, 

Strickland, 

Turner, 

Walton, 

Wallace, 

Welch, 

Whi taker, 

Whitehead of Burke, 

Williams, 

Yeates. 



JouBNAL Constitutional Convention 1867-68 317 

T,here are yeas, 68 ; nays, 70, So the decision of the 
Chair was not sustained. 

The President resumed the Chair, and pending a mo- 
tion of Mr. Bryant to lay the Resolution on the table for 
the present, decided said Resolution out of order, be- 
cause in the nature of legislative matter. 

From this decision Mr. Conley appealed, but with- 
drew his appeal at the request of Mr. Ashburn, who, by 
consent of the Convention, withdrew his Resolution. 

Mr. Ashburn gave notice that on tomorrow he would 
move to amend the Resolution of the Committee of ten, 
appointed to inquire into and report in regard to the 
powers of the Convention. 

By Mr. Ashburn. A Resolution providing for the 
election of a Printer for the Convention, and an Ordi- 
nance for the relief of the widows and orphans of the 
State or Territory of Georgia. 

By Mr. Bell of Banks. A Resolution excluding new 
matter on the subject of relief. 

By Mr. Bullock (Mr. Waddell in the Chair). A 
Resolution appointing a Committee, consisting of one 
member from each Congressional District, to prepare and 
submit to this Convention a list of names of certain citi- 
zens who are now disfranchised by the Acts of Congress, 
and who have favored the work of Reconstruction under 
the recent Acts of Congress. 

The Rule was suspended, on motion, and the fore- 
going Resolution taken up, which reads as follows: 

Resolved, That the Hon. C. H. Hopkins, of Chatham, 
in the First Congressional District, Hon. H. K. McCay, 



318 Confederate Records 

of Sumter, in the Second Congressional District, Hon. 
G. W. Ashburn, of Muscogee, in the Third Congressional 
District, Hon. T. J. Speer, of Pike, in the Fourth Con- 
gressional District, Hon. B. Conley, of Richmond, in the 
Fifth Congressional District, Hon. Madison Bell, of 
Banks, in the Sixth Congressional District, and Hon. 
J. L. Dunning, of Fulton, in the Seventh Congressional 
District, are hereby constituted a Committee of seven, to 
prepare and submit to this Convention a list of names 
of such persons in the State of Georgia, who being dis- 
franchised by the Acts of Congress, have aided and 
assisted in carrying out the laws of Congress for a re- 
construction of the Government by a restoration of this 
State to the Union, and who thereby, in the opinion of 
this Convention, are worthy of the clemency of Congress ; 
and that, on the adoption of said list, it be forwarded to 
the Clerk of the House of Representatives and the Pres- 
ident of the Senate, with a recommendation that the said 
persons be restored to all the rights and privileges' of a 
citizen of the United States. 

Mr. Parrott moved to amend by striking out the word 
''disfranchised" where it occurs, and insert in lieu there- 
of the words ' 'those laboring under political disabili- 
ties." The same was accepted by Mr. Bullock. 

Mr. Bigby offered the following as a substitute for 
the Resolution as amended: 

Resolved, That a Committee of two from each Con- 
gressional District be appointed to prepare a list of 
names of proper persons to be recommended by this 
Convention to the Congress of the United States, for the 
removal of such disabilities as are declared to exist under 



Journal Constitutional Convention 1867-68 319 

the proposed amendment to the Constitution of the 
United States, known as Article XIV, or otherwise. 

Mr. Richardson called the previous question on the 
original Resolution, as amended. 

The call was sustained, and the main question being 
put, the Resolution of Mr. Bullock, as amended, was 
agreed to. 

Mr. Bullock offered the following Resolution, which, 
on motion, was taken up, and agreed to : 

Resolved, That a Sub- Committee, consisting of the 
Chairman of each delegation to this Convention, be ap- 
pointed, and requested to furnish the original Committee 
with the names of such citizens in their several Districts 
as may be worthy of Congressional clemency. 

By Mr. Bigby. A Resolution requesting the Com- 
mittee on Bill of Rights to report the following clause : 

The Legislature shall not deprive a party of any rem- 
edy for enforcing a contract which existed when the con- 
tract was made. 

By Mr. Burnett. An Ordinance prescribing the quali- 
fication of voters in this State. 

By Mr. Cobb of Madison. An Ordinance for the re- 
lief of the people of Georgia. 

By Mr. Chatters. An Ordinance declaring all citi- 
zens of this State, without regard to race or color, en- 
titled to equality of rights in places for the public ac- 
commodation, entertainment, or conveyance. 

The same was ruled out of order, because in the 
nature of legislative matter. 



320 Confederate Recoeds 

By Mr. Conley. A resolution to confirm certain 
financial acts of the Legislature of this State for the year 
1865. 

The same was, on motion, taken up, and referred to 
the Committee on Finance. 

By Mr. Davis. A Resolution requesting the Judi- 
ciary Committee to report a certain paragraph for the 
prevention of frauds in elections. 

By Mr. Hotchkiss. A Resolution that the President 
appoint a Committee, consisting of five members, to be 
known as the Committee on Miscellaneous Matter. 

The Rule was suspended, the Resolution taken up and 
agreed to. 

The following members were announced by the Presi- 
dent as constituting said Committee, to- wit: Messrs. 
Hotchkiss, Cotting, Edwards, Glover, and Prince. 

Mr, Hopkins presented a communication relative to 
the negotiation of a loan for the purpose of the Conven- 
tion. 

By Mr. Lee. An Ordinance for the relief of the debt- 
ors of Georgia, and an Ordinance for the relief of tax 
payers. 

By Mr. Higbee. An Ordinance on the elective fran- 
chise. 

By Mr. Jackson. An Ordinance in regard to the Mili- 
tia of the State. 

By Mr. Martin. A Resolution requesting the Legis- 
lature to inquire into the expediency of selling the State 
Road. 



JOUKNAL CONSTITUTIONAI. CONVENTION 1867-68 321 

By Mr. Higden. The following Eesolution, wMdh 
was, on motion, taken up for final action : 

Whereas, Sales of property under execution are pro- 
hibited for the time being, by an Ordinance of the Con- 
vention ; and, whereas, no provision was made for bring- 
ing said Ordinance officially to the attention of the 
Sheriffs of the State, which may cause the violation of 
said Ordinance through ignorance thereof. 

Resolved, That one hundred and fifty copies of the 
Eelief Ordinance, and this Preamble and Eesolution, be 
printed, and that a copy be forwarded by the Secretary 
of the Convention to each Sheriff of the State, and that 
said Sheriffs inform the Constables of their respective 
counties of the same. 

The following amendment proposed by Mr. Cotting 
was accepted by Mr. Higden: 

Resolved, That the District Commander be and he is 
hereby requested to enforce a due observance of said 
Ordinance. 

The Eesolution, as amended, was agreed to. 

By Mr. Dunning. A Eesolution declaring it impoli- 
tic to borrow money to defray the expenses of the Con- 
vention, until it is ascertained whether it can be obtained 
from the Treasury of the State. 

By Mr. Minor. A Eesolution to relieve from disabil- 
ity a certain class of citizens of the State of Georgia, and 
an Ordinance for the relief of the people of Georgia. 

By Mr. Parrott. A Eesolution requesting Congress 
to repeal the test oath. 



322 Confederate Records 

By Mr. Rozar. An Ordinance for relief. 

By Mr. Speer. A Resolution for the appointment of 
an Assistant Doorkeeper, and an Ordinance for the relief 
of the people of this State. 

By Mr. Turner. A Resolution relative to the pay 
of absent delegates. 

By Mr. Trawick. A Resolution relative to the con- 
tinuation of the Freedinen's Bureau, and a Resolution 
in regard to the introduction of new matter. 

By Mr. Walton. An Ordinance for the relief of pur- 
chasers of slaves, and a Resolution instructing the Judi- 
ciary Committee to limit the jurisdiction of the Courts 
of this State to actions that have occurred since the first 
day of May, 1865. 

The Rule was suspended, on motion of Mr. Bryant, 
and the Resolution offered by him on yesterday, instruct- 
ing the President to appoint a committee of seven, on 
Corporations, and a similar Conamittee on Resolutions, 
was taken up. 

Mr. Akerman proposed to amend the same by strik- 
ing out that portion relative to the appointment of a 
Committee on Resolutions. 

The amendment was accepted by Mr. Bryant, and the 
Resolution, as amended, was agreed to. 

The following Committee was announced by the Pres- 
ident under said Resolution, to-wit: Messrs. Bryant, 
Wilbur, McCay, Hopkins, Angier, Smith, of Coweta, and 
Foster. 

Mr. Angier, the Financial Agent of the Convention, 



Journal Constitutional Convention 1867-68 323 

being called upon, reported that General Meade had 
handed him, in writing, the following : 

General Meade desires Dr. Angier to say to the Con- 
vention that he is clearly of the opinion that they are 
entitled to draw their pay and incidental expenses from 
the State Treasury, and that he will endeavor, as soon 
as possible, to remove the obstacles' now existing to their 
being paid. 

On motion the Convention adjourned until 10 o'clock 
a. m., tomorrow. 



Atlanta, Ga., Friday, January 10, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

Mr. Dunning offered the following Resolution, which^ 
on motion, was taken up, read, and agreed to : 

Resolved, That, inasmuch as General George G. Meade 
has signified his convenience to visit our Convention this 
day, and to further the object, we recommend the ap- 
pointment of a Committee of three, to meet General 
Meade, and conduct him to the right of the Chairman of 
this Convention. 

The President announced the following Committee 
under the foregoing Resolution, to- wit: Messrs. Dun- 
ning, Walton, and Holcombe. 

The call of the roll for the introduction of new mat- 
ter being in order, Mr. Parrott (Mr. Trammell in the 



324 Confederate Records 

Chair) offered an Ordinance, supplementary to an Ordi- 
nance adoi3ted by this Convention for temporary relief, 
and for other purposes. 

The Rules were, on motion, suspended, and the Ordi- 
nance taken up. 

On motion of Mr. Speer, the same was made the spe- 
cial order for Monday next, and two hundred copies 
thereof ordered to be printed for the use of the Conven- 
tion. 

Mr. Parrott also offered a Resolution, requesting that 
all of the Committees on the Constitution report as early 
as practicable, and that two hundred copies of each re- 
port be printed for the use of the Convention ; and moved 
a suspension of the Rule for the purpose of taking up 
the same. 

Mr. Bryant moved that the motion to suspend the 
Rule be indefinitely postponed. This motion prevailed. 

Mr. Ashburn, from the Committee on Bill of Rights, 
made the following report, to-wit : 

We, the representatives of the people of the State of 
Georgia, in Convention Assembled, to secure to all citi- 
zens thereof the enjoyment of life, liberty, and property, 
and of pursuing happiness, do ordain and establish this 
Constitution for its government: 

ARTICLE I. 

Declaration of Rights. 

Sec. 1. Protection to person and property is the duty 
of government. 



.Journal, Constitutional Convention 1867-68 325 

.Sec. 2. Impartial protection shall be full and com- 
plete. 

Sec. 3. No person shall be deprived of life, liberty, 
or property, except by due process of law. 

Sec. 4. There shall be no imprisonment for debt, ex- 
cept for fraud, or vrhen the debtor resides beyond the 
limits of the State, or is about to remove therefrom. 

Sec. 5. The punishment of all frauds shall be pro- 
vided by law. 

Sec. 6. The writ of habeas corpus shall not be sus- 
pended, unless in case of rebellion the public safety may 
require it. 

Sec. 7. A well regulated Militia being necessary to 
the security of a free people, the right of the people to 
keep and bear arms shall not be infringed. 

Sec. 8. Perfect freedom of religious sentiment be, 
and the same is hereby secured, and no inhabitant of this 
State shall ever be molested in person or property, nor 
prohibited from holding any public office or trust on 
account of his religious opinion ; but the liberty of con- 
science, hereby secured, shall not be so construed as to 
excuse acts of licentiousness, or justify practices incon- 
sistent with the peace or safety of the people. 

Sec. 9. Freedom of speech and freedom of the press 
are inherent elements of political liberty. But, while 
every citizen may freely si3eak, or write, or print on 
any subject, he shall be responsible for the abuse of the 
liberty. 



326 Confederate Records 

Sec. 10. In all prosecutions or indictments for libels, 
the tnith may be given in evidence, and the jury shall 
have the right to determine the law and the facts. 

Sec. 11. The right of the people to appeal to the 
Courts; to petition government on all matters of legiti- 
mate cognizance, and peaceably to assemble for the con- 
sideration of any matter of public interest, shall never 
be impaired. 

Sec. 12. Every i^erson charged with offences against 
the laws of this State, shall have the privilege and bene- 
fit of counsel ; shall be furnished, on demand, with a copy 
of the accusation and list of the witnesses on whose tes- 
timony the charge against him is founded; shall have 
compulsory process to obtain the attendance of his own 
witnesses ; shall be confronted with the witnesses testify- 
ing against him, and shall have a public and speedy trial 
by an impartial jury. 

. Sec. 13. No person shall be put in jeopardy of life or 
liberty more than once for the same offence, save on his 
or her own motion for a new trial, after conviction, or in 
case of mistrial. 

Sec. 14. No conviction shall work corruption of 
blood, but conviction of treason shall work a general for- 
feiture of estate during the life of the person attainted. 

Sec. 15. Treason against the State of Georgia shall 
consist of passing an ordinance of secession, or in levy- 
ing war against the State or the United States, or giving 
aid and comfort to the enemies thereof. 

Sec. 16. Excessive bail shall not be required, nor 



JouENAL Constitutional Convention 1867-68 327 

excessive fmes imposed, nor cruel and unusual punish- 
ments inflicted. 

Sec. 17. The powers of the Courts to punish for con- 
tempts shall be limited by legislative acts. 

Sec. 18. Legislative acts in violation of this Consti- 
tution, or the Constitution of the United States, are void, 
and the Judiciary shall so declare them. 

Sec. 19. Ex post facto laws, laws impairing the obli- 
gation of contracts, or preventing the enforcement there- 
of, are prohibited. 

Sec. 20. Laws shall have a general operation, and no 
general law, affecting private rights, shall be raised in 
any particular case by special legislation, except with 
the free consent in writing of all persons to be affected 
thereby ; and no person being under a legal disability to 
contract is capable of such free consent. 

Sec. 21. The power of taxation over the whole State 
shall be exercised by the General Assembly only to raise 
Eevenue for the Support of the Government, to pay the 
Public Debt, to provide a general School Fund, and for 
Common Defense, and shall be ad valorem only. 

Sec. 22. The General Assembly may grant the power 
of Taxation to county authorities and municipal corpora- 
tions, to be exercised within their several territorial 
limits. 

Sec. 23. There shall be no Poll Tax levied, except 
for educational purposes. 



328 Confederate Records 

Sec. 24. The right of the people to be secure in their 
persons, houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated. The social 
status of the citizen shall never be the subject of legis- 
lation. 

Sec. 25. No place or places shall be searched, and 
no person or persons, thing or things, shall be seized, 
without first particularly describing the places, persons, 
and things. 

Sec. 26. No warrant shall be issued but upon prob- 
able cause, supported by oath or affirmation. 

Sec. 27. Private ways may be granted, upon just 
compensation being first paid. 

Sec. 28. There shall be within the State of Georgia 
neither slavery nor involuntary servitude, save as a pun- 
ishment for crime, after legal conviction thereof. 

Sec. 29. That all elections shall be free and equal. 

Sec. 30. Each branch of the G-eneral Assembly shall 
be the judge of the qualifications of its own members. 

Sec. 31. No person shall be molested for his opin- 
ions, nor suffer any civil or political incapacity, or ac- 
quire any civil or political advantage in consequence of 
such opinions. 

Sec. 32. Laws shall be passed by the General Assem- 
bly to protect from sale under execution a reasonable 
amount of property for each head of the family, for the 
use of his or her family. 



JouKNAL Constitutional Convention 1867-68 329 

Sec. 33. All penalties shall be proportioned to the 
nature of the offence. 

Sec. 34. No citizen of this State shall be subjected 
to corporeal punishment. 

Sec. 35. No lottery hereafter shall be authorized, or 
sale of lottery tickets allowed in this State. 

Sec. 36. No person, after the adoption of this Con- 
stitution, shall engage in a duel, send or accept a chal- 
lenge, or be aider or abettor to a duel ; and the Legisla- 
ture shall fix the punishment. 

Sec. 37. The State of Georgia shall ever remain a 
member of the American Union; the people thereof are 
a part of the American Nation; that every citizen owes 
paramount allegiance to the Constitution and Govern- 
ment of the United States, and no law or ordinance of 
this State, in contravention or subversion thereof, can or 
shall ever have any binding force. 

G. W. AsHBURN, Chairman. 

On motion of Mr. Whiteley, the foregoing report 
was laid on the table for the present, and five hundred 
copies thereof ordered to be printed for the use of the 
Convention. 

Mr. Akerman, from the Committee on Judiciary, of- 
fered the following Majority Report: 

The Committee on the Judiciary Department report 
the following, to be incorporated in the Constitution, as 
the organization of that department of the Government. 

A. T. Akerman, 
Chairman for the Committee. 



330 Confederate Recoeds 

Section I. 

1. The Judicial powers of this State shall be vested 
in a Supreme Court, Superior Courts, County Courts, 
Courts of Ordinary, Justices of the Peace, and such other 
Courts as have been or may be established by law. 

2. The Supreme Court shall consist of three Judges, 
two of whom shall constitute a quorum. When a major- 
ity of the Judges are disqualified from deciding any 
case, by interest or otherwise, the Governor shall desig- 
nate certain Judges of the Superior Courts to sit in their 
stead. At the first appointment of the Judges of the 
Supreme Court under this Constitution, one shall be ap- 
pointed for four years, one for eight years, and one for 
twelve years; but all subsequent appointments, except 
to fill unexpired terms, shall be for the term of five years. 

3. The Supreme Court shall have no original juris- 
diction, but shall be a Court alone for the trial and cor- 
rection of errors from the Superior Courts, and from the 
City Courts of Savannah and Augusta, and such other 
like Courts as may be hereafter established in other 
cities; and shall sit at the seat of Grovernment at such 
times in each year as shall be prescribed by law, for the 
trial and determination of writs of errors from said 
Superior and City Courts. The days on which the cases 
from the several Circuits and City Courts shall be taken 
up by the Court shall be fixed by law. 

4. The Supreme Court shall dispose of every case 
at the first or second term after such writ of error is 
brought; and in case the plaintiff in error shall not be 
prepared at the first term to prosecute the case, unless 



JouKNAL Constitutional Convention 1867-68 331 

prevented by Providential cause, it shall be stricken from 
tbe docket, and the judgment below shall stand affirmed. 
In any case, the Court may, in its discretion, withhold 
its judgment until the next term after the same is argued. 

5. When only two Judges sit in any case, and they 
disagree, the judgment below shall stand affirmed. 

Section II. 

There shall be a Judge of the Superior Courts for 
each Judicial Circuit. He may act in other Circuits 
when authorized by law. At the first appointment of 
such Judges under tliis Constitution, one half of the num- 
ber (as near as may be) shall be appointed for four 
years, and the other half for eight years ; but all subse- 
quent appointments, except to fill unexpired terms, shall 
be for the term of eight years. 

2. The Superior Courts shall have exclusive juris- 
diction in cases of divorces ; in criminal cases, where the 
offender is subjected to loss of life or confinement in the 
Penitentiary; in cases respecting titles to land and equity 
cases; but the General Assembly shall have power to 
merge the Common Law and Equity Jurisdiction of said 
Courts. Said Courts shall have jurisdiction in all other 
civil cases where the principal sum claimed exceeds one 
hundred dollars. They shall have appellate jurisdiction 
in all such cases as may be provided by law. They shall 
have power to correct errors in Inferior Judicatories, by 
writ of certiorari, which shall only issue on the sanction 
of the Judge ; and to issue writs of mandamus, prohibi- 
tion, scire facias, and all other writs that may be neces- 
sary for carrying their powers fully into effect, and shall 



332 Confederate Recoeds 

have such other powers as shall be conferred on them 
by law. 

3. There shall be no appeal from one jury in the 
Superior Courts to another; but the Court may grant 
new trials on legal grounds. The Court shall render 
judg*ment without the verdict of a jury in all civil cases 
where an issuable defence is not filed. 

4. The Superior Courts shall sit in each County not 
less than twice in each year, at such times as have been, 
or may be appointed by law. 

Sectiox III. 

1. There shall be a County Court in each County, 
presided over by a County Judge. At the first appoint- 
ment of County Judges under this Constitution, the Coun- 
ties shall be numbered by the Governor, as near as may 
be, in the order in which they have been created, and the 
Judges of the counties numbered one, five, nine, thirteen, 
and so on, shall be appointed for one year; the Judges 
of the counties numbered two, six, ten, fourteen, and 
so on, for two years; the Judges of the counties num- 
bered three, seven, eleven, fifteen, and so on, for three 
years; and the Judges of the counties numbered four, 
eight, twelve, sixteen, and so on, for four years. All sub- 
sequent appointments, except to fill unexpired terms, 
shall be for the term of four years. 

2. The County Courts shall have jurisdiction in all 
civil and criminal cases where exclusive jurisdiction is 
not herein given to some other tribunal; and shall have 
such powers in relation to roads, bridges, ferries, public 



Journal Constitutional Convention 1867-68 333 

buildings, paupers, county officers, county -funds and 
taxes, and other matters, as shall be conferred on them 
by law. 

3. T/he County Courts may sit at any time for the 
trial of civil and criminal cases; but no civil case, in 
which the principal sum claimed exceeds one hundred 
dollars, shall be tried, except at sessions held twice every 
year at stated times prescribed by law, and designated 
as the semi-annual sessions. 

4. There shall be no jury in the County Courts, ex- 
cept when demanded by a party in a civil or criminal 
case, and juries, when so demanded, shall consist of 
seven, except at the semi-annual session, when they shall 
consist of twelve. 

5. There shall be no grand jury in the County 
Courts ; but criminal cases in said Courts shall be tried 
on a written accusation, signed by the County Solicitor, 
plainly setting forth the offence charged, founded on the 
oath of a competent witness, whose name shall be stated 
in the accusation. 

Section IV. 

1. The powers of a Court of Ordinary and of Pro- 
bate shall be vested in an Ordinary for each county, from 
whose decision there may be an appeal to the Superior 
Court, under regulations prescribed by law. The county 
Judges shall, ex-officio, be the Ordinaries of their respec- 
tive counties. 

Section V. 

1. There shall be in each district one Justice of the 



334 CONFEDEEATE EeCOKDS 

Peace, whose official term, except when appointed to fill 
an unexpired term, shall be four years. 

2. The Justices of the Peace shall have jurisdiction 
in all civil cases where the principal sum claimed does 
not exceed fifty dollars, and may sit at any time for 
the trial of such cases. 

3. There shall be no appeal to a jury from the de- 
cision of a Justice of the Peace. 

Section VI. 

1. There shall be an Attorney-General of the State, 
whose official term, except when appointed to fill an un- 
expired term, shall be four years. 

2. It shall be the duty of the Attorney-General to 
represent the State in all cases in the Supreme Court; 
to act as the legal adviser of the Executive Department; 
to represent the State in all civil and criminal cases in 
the Superior {*ourts, when required by the Governor; 
and to perform such other services as shall be required 
of him by law. 

Section VII. 

1. There shall be a County Solicitor for each county 
appointed for the same time as the County Judge. 

2. It shall be the duty of the County Solicitors to 
represent the State in all civil and criminal cases in the 
Superior and County Courts of their respective counties, 
and to perform such other services as shall be required 
of them by law. 



Journal Constitutional Convention 1867-68 335 
Section VIII. 

1. The Judges of the Supreme and Superior Courts, 
the Attorney-General, and the County Judges and Solic- 
itors, shall be appointed by the Governor, with the advice 
and consent of two-thirds of the Senate, and shall be re- 
movable by the Governor on the address of two-thirds of 
each branch of the General Assembly, or by impeachment 
and conviction thereon. 

2. The Justices of the Peace shall be appointed by 
the Judges of the Superior Courts in their respective 
Circuits, and shall be commissioned by the Governor. 
They shall be removable by the said Judges on convic- 
tion of mal-practice in office, or on the address of two- 
thirds of the Grand Jury at any term of the Su^Derior 
Court of the county. 

3. T(he Clerks of the Superior Courts shall be ap- 
pointed and removable by the Judges thereof. Said 
Judges shall have the power of appointing the Sheriffs 
of the counties of their respective Circuits, and of remov- 
ing them before the expiration of their terms of office, 
for good cause recorded on the minutes of said Courts. 

Section IX. 

The Judges of the Supreme and Superior Courts, and 
the Attorney-General, shall have, out of the State Treas- 
ury, adequate and honorable salaries, which shall not be 
diminished during their continuance in office; but said 
Judges shall not receive any other perquisites or einolu- 
ments whatever, from parties or others, on account of 
any duty required of them. 



336 Confederate Records 

2. No person shall be Judge of the Supreme or Su- 
perior Courts, or Attorney-Greneral, unless at the time of 
his appointment he shall have attained the age of thirty 
years, and shall have been a citizen of this State and 
have practiced law therein for seven years. 

Section X. 

1. No total divorce shall be granted except on the 
concurrent verdicts of two juries. When a divorce is 
granted, the jury rendering the final verdict shall deter- 
mine the rights and disabilities of the parties, subject to 
the revision of the Court. 

Section XI. 

1. Divorce cases shall be tried in the County where 
the defendant resides, if a resident of this State. 

2. Criminal cases shall be tried in the County where 
the crime was committed, except cases in the Superior 
Courts when the presiding Judge is satisfied that an im- 
partial jury cannot be obtained in such County. 

3. Cases respecting titles to land shall be tried in 
the County where the land lies, except where a single 
tract is divided by a County line, in which case the Supe- 
rior Court of either County shall have jurisdiction. 

4. Equity cases shall be tried in the County where a 
defendant resides, against whom substantial relief is' 
prayed. 

5. Suits against joint obligors, joint promissors, co- 



Journal Constitutional Convention 1867-68 337 

partners, or joint trespassers residing in different Coun- 
ties, shall be tried in tlie County where the maker resides. 

6. Suits against the maker and indorser of promis- 
sory notes, or other like instruments, residing in differ- 
ent Counties, shall be tried in the County where the 
maker resides. 

7. All other cases shall be tried in the County where 
the defendant resides. 



Section XII. 

1. The right of trial by jury, except where it is other- 
wise provided in the Constitution, shall remain inviolate. 

2. The General Assembly shall provide by law for 
the selection of upright and intelligent persons to serve 
as Jurors. There shall be no distinction between the 
classes of persons who compose the grand and petit 
juries. Jurors shall receive no fees or compensation for 
their services. 

Section XIII. 

1. The Courts heretofore existing in this State styled 
Inferior Courts are abolished ; and their unfinished busi- 
ness and the duties of the Justices thereof are trans- 
ferred to the County Courts and the Judges thereof, until 
other provision is made by law in accordance with this 
Constitution. 

Mr. Whiteley, from the Judiciary Committee, of- 
fered the following Minority Report, to-wit : 



338 Confederate Records 

The undersigned have the honor to report their dis- 
sent from the conclusions arrived at by the majority of 
the Judiciary Committee, to whom were referred the 
matter touching the Judiciary Department of the. Consti- 
tution. 

The character and ability of the gentlemen with whom 
we have had the honor to associate, as well as adherence 
to what we conceive to be recognized principles, deter- 
mines our action, and induces us to set forth the reasons 
that impel us to the course designated. 

We set out in the investigation of the work assigned 
with a desire to make as few changes in the Judiciary of 
the State as possible, believing that the people of Geor- 
gia were attached to the present system, and that that 
attachment should command our respect, and so far as 
it was calculated to subserve their interests, should con- 
trol our actions. 

Whilst we deemed it our duty to avoid too radical a 
change in the Judiciary system, we are not unmindful of 
the fact that the progress of events, the great changes 
in our relations as a people, and the experience we have 
acquired by revolution — all demand the recognition of 
the truth; that heretofore elections have been too fre- 
quent, and the elective principle too generally applied. 

To recognize this truth, and to provide against the 
evils that have and ever will follow its non-observance, 
we consider it to be our duty to extend the term of office 
of all Judicial officers, and to provide for the appoint- 
ment by the Governor, with the assent of two-thirds of 
the Senate, of the Judges of the Supreme and Superior 
Courts, and the Attorneys and Solicitors General. 



Journal Constitutional, Convention 1867-68 339 

Beyond this we were and are not willing to go, be- 
cause we are of the opinion that the corruption and strife 
that will inevitably follow the exercise of a more ex- 
tended system of appointments, would more than counter- 
balance any advantages that can reasonably be supposed 
to adhere to the appointing power, or the application of 
the appointing principle. 

This will, we think, be apparent, from the number of 
appointments provided for in the majority report, as 
considered in connection with the opportunities afforded 
the people in the contemplated organic law for the exer- 
cise of that power — the ballot — deemed the foundation 
of Eepublican Government, and the best security for the 
perpetuit}^ of Eepublican institutions. 

For these reasons we desire to see the people of Geor- 
gia select by ballot the mass of subordinate Judicial offi- 
cers. As they have done so in the past, and no evil has 
resulted therefrom, they can continue to do so with like 
results. 

The subordinate Judicial officers are more intimately 
and directly associated with the people than any class of 
officers known to the law. The great changes that have 
occurred will necessarily increase that intimacy and asso- 
ciation ; and to secure the people in the due performance 
of the duties that are to be assigned them, they should 
be made directly responsible to them for their every act. 

By so doing we establish recognized principles of 
government, alike sanctioned by time and cherished by 
the people. By the contrary we increase Executive pat- 
ronage to an alarming extent, and prove recreant to well 
tried and long established principles. Whilst we differ 
from the majority of the Committee as to some minor 



340 CONFEDEEATE KeCOKDS 

matters incorporated in their report, we do not deem it 
necessary to discuss such difference at this time and in 
this manner. 

Respectfully submitted, 

Richard H. Whiteley, 
A. L. Harris. 

On motion of Mr. Bedford, five hundred copies of the 
foregoing majority and minority reports, each, were 
ordered to be printed for the use of the Convention. 

Mr. Hudson i^resented a memorial from Mr. A. M. 
Jenkins. 

Mr. Bell, of Banks, moved to suspend the Rule for 
the purpose of taking up a Resolution excluding new 
matter on the subject of relief. The motion did not pre- 
vail. 

Mr. Catching offered an Ordinance for the relief of 
debtors in this State, which was read the first time. 

Mr. Ashburn presented a letter from the Hon. John 
Sherman, which was read. Also, a Resolution memorial- 
izing Congress to confer on the Convention the same 
powers as are delegated to the District Commanders in 
the second section of the Supplemental Reconstruction 
Act, passed July 19th, 1867, and for other purposes 
therein named. 

On motion of Mr. Ashburn, the Rule was suspended 
and the Resolution was taken up. 

Mr. Bedford moved that it be made a special order 
for Monday next, and that two hundred copies thereof 
be printed for the use of the Convention. 

Pending the discussion of the same General Meade 



JouENAL Constitutional Convention 1867-68 341 

entered the Hall, and was received by the Special Com- 
mittee for that purpose, who conducted him to the right 
of the President. He was welcomed by the President 
and introduced to the Convention as follows: 

General Meade : 

Allow me, in the name and behalf of the people of 
Georgia, and their representatives in Convention assem- 
bled, to extend to you a cordial welcome. 

Gentlemen of the Convention, allow me to introduce 
to you Major-General George G. Meade, Commander of 
the Third Military District, who is charged with the exe- 
cution of the Reconstruction Acts of Congress. You 
will please give attention to what he has to address to 
you. 

General Meade responded as follows : 

Mr. President, and Gentlemen of the Convention: 

1 appear before you today in compliance with the 
courteous Resolutions you have been pleased to pass, in- 
viting me to a seat upon your floor. I came here prin- 
cipally for returning to you in person my thanks for the 
kindness and courtesy indicated by your Resolutions. 
At the same time, it appears to me that this is a suitable 
occasion for me to state to you, and through you to the 
people of Georgia, Alabama, and Florida, certain points 
in regard to what I conceive to be my duty in the posi- 
tion assigned to me by the Government of the United 
States. I am assigned to the position I now occupy, 
under a law of Congress, by direction of the President 
of the United States and the Secretary of War. My 
duty is to execute a law which has been passed by the 



342 CONPEDEEATE EeCOEDS 

Congress of the United States. As a soldier, I conceive 
that I have no right to question the validity of the Act 
from which I derive my powers; nor can I permit it to 
be questioned by those under my command. There is a 
proper course to be pursued in testing the validity of all 
Acts, but I am not the agent for that purpose. 

The question arises, what are my duties under this 
law! In the words of the law, it is 'Ho protect all 
persons in their rights of person and property; to sup- 
press insurrection, disorder, and violence ; and to punish, 
or cause to be punished, all disturbers of the public peace 
and criminals;" and when this cannot be done through 
the proper functions of the civil officers, then the law 
makes it my duty to assist these officers and afford the 
proper protection, and this duty shall be faithfully and 
honestly performed. (Applause.) 

Furthermore, the law requires that an opportunity 
shall be given to the people of Georgia, Alabama, and 
Florida to say whether they will accept the Constitutions 
which the Conventions of their respective States may 
frame. My duty is to see that "all the registered and 
qualified electors in the State have an opportunuity to 
vote freely, and without restraint, fear, or influence of 
fraud," so as to enable them to state whether they will 
or will not accept the terms offered. Now, that duty I 
shall, to the best of my ability, endeavor to execute. 
(Applause.) 

Your duty, gentlemen, which you are called upon to 
perform, is to frame a Constitution and Civil Grovern- 
ment for the people of Georgia, and, if accepted by the 
people of Georgia, then to be submitted to the Congress 
of the United States. I trust that, as Military Com- 



JouRT^AL Constitutional Convention 1867-68 343 

mander, we shall co-operate as far as may be necessary. 
I do not see, however, that there is much co-operation 
necessary. Your duty is specific, and mine is similar. 
I do not consider that your Ordinances within the limits 
of the Acts necessary for the discharge of the duties pre- 
scribed by Congress are to be inforced by me, pending 
the adoption of the Constitution; but I conceive the 
powers with which I am invested are sufficient to author- 
ize my adoption of any of your acts as my acts, in case- 
in my judgment, the well being of the people imperatively 
require such action on my part, and among such measures 
I have under consideration, the Relief laws as prepared 
by you. 

In conclusion, I beg you will pardon so much refer- 
ence to myself and actions. But, coming among you, as 
I do, a stranger never having been in your State before, 
except passing through as a traveler, it has occurred to 
me that this plain expression of my duties, and determi- 
nation to conscientiously discharge the same, would serve, 
perhaps, to remove some of the obstacles that might 
otherwise be placed in my way. I trust, gentlemen, you 
will proceed to frame a Constitution and frame a civil 
government which shall be acceptable to the qualified 
voters of Georgia. It is not my duty to dictate, to rec- 
ommend, or to advise, but I feel justified in counselling 
moderation, and earnestly hoping that wisdom, calmness, 
and reason will govern your proceedings. Again I 
thank you most sincerely for your courtesy. 

On motion of Mr. Conley, the Convention took a re- 
cess for fifteen minutes, for the purpose of allowing the 
members an opportunity of personal presentation to 
General Meade. 



344 Confederate Records 

The recess having expired, the Convention resumed 
the consideration of the question pending. The discus- 
sion thereon continued until the regular hour of adjourn- 
ment (Mr. Trammell having the floor), and the President 
declared the Convention adjourned until tomorrow, 10 
o'clock a. m. 



Atlanta, Ga., Saturday, Jan. 11, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read, and the Convention resumed 
the consideration of the motion pending at the last ad- 
journment, to-wit: The motion to print two hundred 
copies of the Resolution of Mr. Ashburn, memorializing 
Congress to confer similar authority on the Convention 
to that now conferred on District Commanders by the 
second section of the Supplemental Reconstruction Act, 
and to make said Resolution the special order for Mon- 
day next. 

The Resolution of Mr. Ashburn reads as follows : 

Resolved, That we, the representatives of the people 
of Georgia, in Convention assembled, respectfully repre- 
sent to the Congress of the United States, that it is es- 
sential to the successful execution of the Reconstruction 
laws that the Provisional Government of this State should 
be executed by such persons only as are made eligible by 
the following clause in the sixth section of an ''Act to. 
provide for the more efiScient government of the rebel 
States," viz., ''And no person shall be eligible to any 



JoUKNAIi CONSTITUTIONAIi CONVENTION 1867-68 345 

office under any such Provisional Government, who would 
be disqualified from holding office under the provisions 
of the third article of said Constitutional Amendment." 
Said section third of said Amendment being ' ' No person 
shall be eligible, who, having previously taken an oath 
as a member of Congress, or as an officer of the United 
States, or as a member of any State Legislature, or as 
an Executive or Judicial officer of any State, to support 
the Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof." And we, 
therefore respectfully recommend that this Convention 
be clothed with an operative authority, the same as dele- 
gated to the District Commander, in section second of the 
Supplemental Reconstruction Act, passed July 19th, 1867. 

Mr. T ram m ell presented the following, which was 
read, and gave notice that he would offer as a substitute 
for the foregoing Resolution: 

Resolved, TJiat our confidence in the firmness, ability, 
and fidelity of Major-General George G. Meade is full 
and complete. That we hereby express our opinion that 
he comes among us to execute the laws of the United 
States, and that his powers are complete and sufficient, 
and that he has the will to effect the restoration of the 
State to its fullest relations as a State of the Union. 

Mr. Akerman gave notice of the following as' an 
amendment to the Resolution of Mr. Ashburn, to-wit: 

In such an Act of Congress we desire that it shall be 
provided that no member of this Convention shall hold 
o&ce in the Provisional State Government. 

Mr. Whiteley presented the following, which was 



346 CONFEDEEATE EeCOEDS 

read, and gave notice that he should offer it as a substi- 
tute for the preceding propositions, to-wit: 

Whereas, The Reconstruction Acts recognize the ex- 
istence of a government within the limits of Georgia, 
subject to the Military Commander of the District and 
the paramount authority of Congress, under which cer- 
tain officials hold office; and, whereas, the terms for which 
said officials were elected, as set forth in the laws allowed 
to operate within said limits, has expired, and said offi- 
cials hold only by reason of a failure to provide their 
successors; and, whereas, a great many of said officials 
are hostile to, and are insiduously using their influence 
against the restoration of Georgia to the Union, and by 
so doing are not only seriously retarding the work of re- 
construction, but also materially affecting the pros^Derity 
of the State. Therefore, 

Resolved, That the Convention do hereby request the 
Legislative Department of the Government of the United. 
States to authorize this body to declare vacant the Chief 
Executive office of this State, and to fill the same, as well 
as to provide for the removal, through the Chief Execu- 
tive officer of the State thus selected, of all persons who 
are hostile to Eeconstruction, and the filling of such 
vacancies by said Executive. 

Resolved, That the Convention, in justice to the 
friends of restoration under the Eeconstruction Acts, do 
hereby request the Department aforesaid to relieve all 
such of existing disabilities, that they may be eligible to 
fill the vacancies thus created. 

Resolved, That the Convention do further request the 
modification of the test oath, so as to admit all persons 
who have aided or abetted the late war against the United 



JoTJKNAL Constitutional, Convention 1867-68 347 

States holding office therein ; provided, such persons hon- 
estl}^ regret the past, and are earnestly attached to, and 
determined to labor for the re-union of the State on the 
basis of the Eeconstruction Acts. 

Resolved, That a copy of the foregoing Preamble 
and Resolutions be forwarded by the President of the 
Convention to the President of the United States, the 
President of the Senate, and the Speaker of the House of 
Representatives. 

Mr. Richardson called the previous question, and 
upon the question of sustaining the same the yeas and 
nays were required to be recorded. 

Those who voted in the affirmative, are Messrs. 

Adkins, Bradley, 

Ashburn, Buchan, 

Baldwin, Richardson. 

Those who voted in the negative, are Messrs. 

Akerman, Burnett, 

Alexander, Campbell, 

Anderson, Cameron, 

Angier, Catching, 

Bedford, Caldwell, 

Bentley, Clift, 

Beaird, Christian of Newton, 

Bell of Banks, Chatters, 

Bowden of Campbell Claiborne, 

Bowden of Monroe, Chambers, 

Bowers, Cooper, 

Bigby, Cobb of Houston, 

Blount, Costin, 

Bryant, Cole, 

Brown, Crane, 

Bryson, Crawford, 



348 



CONFEDEEATE EeCOKDS 



Crayton, 

Crumley, 

Cotting, 

Davis, 

Dews, 

Dinkins, 

Dunning, 

Dunnegan, 

Ellington, 

Fields, 

Fljnn, 

Fort, 

Foster of Paulding, 

Gilbert, 

Groodwin, 

Cove, 

Golden, 

Griffin, 

Guilford, 

Harland, 

Harris of Chatham, 

Harrison of Carroll, 

Harrison of Hancock, 

Higbee, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hopkins, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Key, 

King, 



Knox, 

Lee, 

Linder, 

Lmnpkin, 

Madden, 

Maddox, 

Maull, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

McCay, 

Minor, 

Miller, 

McWhorter, 

Moore of White, 

Moore, of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Potts, 

Prince, 

Eejmolds, 

Eice, 

Eozar, 

Saffold, 

Saulter, 

Sikes, 

Shields, 

Seeley, 

Sherman, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 



JouENAJL Constitutional Convention 1867-68 349 

Stewart, AVaddell, 

Stanford, Welch, 

Supple, Whitaker, 

Stanley, Whitehead of Burke, 

Stone, Whiteley, 

Trammell, Williams, 

Trawick, Woodey, 

Walton, Wooten, 

Wallace, Yeates. 

There are yeas 6; nays 128. So the call for the pre- 
vious question was not sustained. 

Mr. Whiteley moved to lay the Resolution on the 
table, which motion, having precedence under the Rules 
over the motion to postpone to a certain day, was sub- 
mitted to the Convention, and agreed to. 

On motion of Mr. Waddell two hundred copies of the 
foregoing Resolution, with the proposed substitute and 
amendment, were ordered to be printed for the use of 
the Convention. 

Mr. Trammell moved that the whole subject matter 
under consideration be made the special order for Thurs- 
day next. 

Mr. Waddell called for the yeas and nays upon the 
proposition, but there not being a second to the call by 
one-fifth of the members present, the call was not sus- 
tained. 

The motion to postpone until Thursday was lost. 

Mr. Bryant then moved to make the same the special 
order for Monday next, which motion prevailed. On 
motion of Mr. McCay the Rule was suspended for the 
purpose of offering and acting on the following Resolu- 
tion: 



350 Confederate Records 

Resolved, That the Secretary be directed to furnish 
Major-Greneral Meade a copy of the Ordinance passed 
by this Convention for the temporary relief of the people 
against further sales of property under legal process, 
and a copy of the Preamble and Resolutions passed on 
yesterday, requesting him to cause it to be enforced until 
further action of this Convention. 

The Resolution was agreed to. 

Leave of absence was granted Messrs. McCay, Bigby, 
Cameron, Gove, and Griffin. 

The Convention adjourned until Monday 10 o'clock 
a. m. 



Atlanta, Ga., Monday, January 13, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

On motion of Mr. Bryant (Mr. Conley in the Chair), 
the Rules was suspended, when he offered the following 
Resolution, which was taken up : 

Resolved, That the hours of meeting of this Conven- 
tion be 10 o'clock a. m., and 3 o'clock p. m. ; and that the 

hours of adjournment be at 1 o'clock p. m., and 

o'clock p. m., of each day. 

The same was amended, on motion of Mr. Akerman, 
by inserting after the Word ''Convention" the words 
''after Wednesday next." 

Mr. Parrott moved to fill the blank with 41/2 o'clock. 



Journal Constitutional Convention 1867-68 351 

Mr. Prince moved to lay the amendment on the table. 

The motion did not prevail. 

Mr. Speer offered the following as a substitute : 

Resolved, That, after Wednesday next, the daily 
hours of meeting shall be 10 o'clock a. m. and 3 o'clock p. 
m.; and of adjournment, ly^ o'clock p. m., and 5 o'clock 
p. m. 

T,he substitute of Mr. Speer was, on motion, laid on 
the table. 

Mr. Bullock called for the previous question, which 
was sustained. 

The main question, to-wit: the question of adopting 
the Resolution as amended, on motion of Mr. Akerman, 
was put, and the amended Resolution lost. 

Mr. Trammell, from the Committee on Legislative 
Department, in the absence of the Chairman, Mr. McCay, 
offered the following report, which was read : 

The Committee on the Legislative Department make 
the following report, and move that it form a portion of 
the Constitution on the Organizations, Powers, Duties, 
Rights, and Negations of that Department. 

Respectfully, in behalf of the Committee, 

H. K. McCay, Chairman. 

SECTION I. 

1. The Legislative, Executive and Judicial Depart- 
ment shall be distinct ; and each Department shall be con- 
fided to a separate body of Magistracy. No person or 



352 CONFEDEEATE RECORDS 

oollection of persons, being of one Department, shall 
exercise any power properly attached to either of the 
others, except in cases herein expressly provided. 

2. The Legislative power shall be vested in a Gen- 
eral Assembly, which shall consist of a Senate and 
House of Representatives ; the members whereof shall be 
elected, and the returns of the election made as now pre- 
scribed by law, until changed by the General Assembly. 

3. The members of the Senate shall be elected for 
four years, except that the members elected at the first 
election, from the twenty-two Senatorial Districts, num- 
bered in this Constitution with odd numbers, shall only 
hold their office for two years. The members of the 
House of Representatives shall be elected for two years. 
The election for members of the General Assembly shall 
be on the first Wednesday in October of every second 
year, except the first election, which shall be within — 
days after the adjournment of this Convention; but the 
Legislature may, by law, change the day of election, and 
the members shall each hold until their successors are 
elected and qualified. 

4. The first meeting of the General Assembly shall 
be within — days after the adjournment of this Conven- 
tion; after which it shall meet annually, on the first 
Thursday in November, or on such other day as the 
General Assembly may prescribe. A majority of each 
House shall constitute a quorum to transact business, 
but a smaller number may adjourn from day to day, and 
compel the presence of its absent members, as each 
House may provide. No session of the General Assem- 
bly, after the first above mentioned, shall continue longer 



JOUENAL, CONSTITUTIONAIi CONVENTIOJST 1867-68 353 

than forty days, unless prolonged by a vote of two-thirds 
of each branch thereof. 

5. No person holding any military commission or 
other appointment or office, having any emolument or 
compensation annexed thereto, under this State or the 
United States, or either of them, except Justices of the 
Inferior Court, Justices of the Peace, and officers of the 
Militia, nor any defaulter for public money, or for any 
legal taxes required of him, shall have a seat in either 
House. Nor shall any Senator or Representative, after 
his qualification as such, be elected by the General As- 
sembly or appointed by the Governor, either with or 
without the advice and consent of two-thirds of the 
Senate, to any office or appointment having any emolu- 
ment annexed thereto, during the time for which he shall 
have been elected. 

6. No person convicted of any felony or larceny be- 
fore any Court of this State, or of or in the United 
States, shall be eligible to any office or appointment of 
honor or trust within this State, unless he shall have been 
pardoned. 

7. No person who is the holder of any public moneys 
shall be eligible to any office in this State, until the 
same is accounted for and paid into the Treasury. 

8. The seat of a member of either House shall be 
vacated on his removal from the district from which he 
was elected. 

SECTION II. 

1. There shall be forty-four Senatorial Districts in 



354 CONFEDEEATE EeCORDS 

this State, composed eacli of three contiguous counties, 
from each of which Districts one Senator shall be chosen. 
Until they are otherwise arranged, as hereinafter pro- 
vided, the said Districts shall be constituted of counties 
as follows : 

The First District of Chatham, Bryan, and Effingham. 

The Second District of Liberty, Tatnall, and Mc- 
intosh. 

The Third District of Wayne, Pierce, and Appling. 

The Fourth District of Glynn, Camden, and Charlton. 

The Fifth District of Coffee, Ware, and Clinch. 

The Sixth District of Echols, Lowndes, and Berrien. 

The Seventh District of Brooks, Thomas, and Col- 
quitt. 

The Eighth District of Decatur, Mitchell, and Miller. 

The Ninth District of Early, Calhoun, and Baker. 

The Tenth District of Dougherty, Lee, and Worth. 

The Eleventh District of Clay, Randolph, and Terrell. 

The Twelfth District of Stewart, Webster, and Quit- 
man. 

The Thirteenth District of Sumter, Schley, and Macon. 

The Fourteenth District of Dooly, Wilcox, and 
Pulaski. 

The Fifteenth District of Montgomery, Telfair, and 
Irwin. 

The Sixteenth District of Laurens, Johnson, and 
Emanuel. 



JouKNAi, Constitutional Convention 1867-68 355 

The (Seventeenth District of Bulloch, Screven, and 
Burke. 

The Eighteenth District of Eichmond, Glasscock, and 
Jefferson. 

The Nineteenth District of T^aliaferro, Warren, and 
Greene. 

The Twentieth District of Baldwin, Hancock, and 
Washington. 

The Twenty-first District of Twiggs, Wilkinson, and 
Jones. 

The Twenty-second District of Bibb, Monroe, and 
Pike. 

The Twenty-third District of Houston, Crawford, and 
Taylor. 

The Twenty-fourth District of Marion, Chattahoochee, 
and Muscogee. 

The Twenty-fifth District of Harris, Upson, and 
Talbot. 

The Twenty-sixth District of Spalding, Butts, and 
Fayette. 

The Twenty-seventh District of Newton, Walton, and 
Clarke. 

The Twenty-eighth District of Jasper, Putnam, and 
Morgan. 

The Twenty-ninth District of Wilkes, Lincoln, and 
Columbia. 

The Thirtieth District of Oglethorpe, Madison, and 
Elbert. 



356 CONFEDEKATE EeCORDS 

The Thirty-first District of Hart, Franklin, and 
Habersham. 

The Thirty-second District of White, Lumpkin, and 
Dawson. 

The Thirty-third District of Hall, Banks, and Jackson. 

The Thirty-fourth District of Gwinnett, DeKalb, and 
Henry. 

The Thirty-fifth District of Clayton, Fulton and Cobb. 

The Thirty-sixth District of Meriwether, Coweta, and 
Campbell. 

The Thirty-seventh District of Troup, Heard, and 
Carroll. 

The Thirty-eighth District of Haralson, Polk, and 
Paulding. 

The Thirty-ninth District of Cherokee, Milton, and 
Forsyth. 

The Fortieth District of Union, Towns, and Rabun. 

The Forty-first District of Fannin, Gilmer, and Pick- 
ens. 

The Forty-second District of Bartow, Floyd, and 
Chattooga. 

The Forty-third District of Murray, Whitfield, and 
Gordon. 

The Forty-fourth District of Walker, Dade, and 
Catoosa. 

If a new county be established, it shall be added to a 
district which it joins, and from which the larger por- 
tion of its territory is taken. The Senatorial Districts 



Journal Constitutional Convention 1867-68 357 

may be changed by the General Assembly, but only at the 
first session after the taking of each census by the 
United States Government, and their number shall never 
be increased. 

2. No person shall be Senator who shall not have 
attained the age of twenty- four years, be a citizen of the 
United States, and for three years a citizen of this State, 
and for one year a resident of the district from which he 
is chosen. 

3. The presiding officer shall be styled the President 
of the Senate and shall be elected viva voce from the 
body. 

4. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, the mem- 
bers shall be on oath or affirmation, and shall be presided 
over by one of the Judges of the Supreme Court, 
selected for that purpose by a viva voce vote of the 
Senate; and no person shall be con\dcted without the 
concurrence of two-thirds of the members present. 
Judgments in cases of impeachment shall not extend 
further than removal from office and disqualification to 
hold and enjoy any office of honor, trust, or profit within 
this State, but the party convicted shall nevertheless be 
liable and subject to indictment, trial, judgment, and 
punishment according to law. 

SECTION III. 

1. The House of Eepresentatives shall be composed 
of one member from each county in this State. 

2. No person shall be a Representative who shall not 



358 CONFEDEEATE ReCOBDS 

have attained the age of twenty-one years, be a citizen of 
the United States, and has been for three years a citizen 
of this State, and for one year a resident of the county 
which he represents, immediately preceding his election. 

3. The presiding oflficer of the House of Represen- 
tatives shall be styled the Speaker, and shall be elected 
viva voce from the body. 

4. The House of Representatives shall have the sole 
power to impeach all persons who shall have been or may 
be in office. 

5. All bills for raising revenue or appropriating 
money shall originate in the House of Representatives, 
but the Senate may propose or concur in amendments as 
in other bills. 

SECTION IV. 

1. Each House shall be the judge of the election, re- 
turns, and qualifications of its members, and shall have 
power to punish them for disorderly behavior or mis- 
conduct, by censure, fine, imprisonment, or expulsion; 
but no member shall be expelled except by a vote of two- 
thirds of the House from which he is expelled. 

2. Each House may punish by imprisonment, not ex- 
tending beyond the session, any person not a member who 
shall be guilty of a contempt by any disorderly behavior 
in its presence, or who, during the session, shall threaten 
injury to the person or estate of any member for any- 
thing said or done in either House, or who shall assault 
any member going to or returning therefrom, or who 



JouKNAL Constitutional. Convention 1867-68 359 

shall rescue, or attempt to rescue, any person arrested by- 
order of either House. 

3. The members of both Houses shall be free from 
arrest during their attendance on the General Assembly, 
and in going to or returning therefrom, except for trea- 
son, felony, larceny, or breach of the peace; and no 
member shall be liable to answer in any other place for 
anything spoken in debate in either House. 

4. Each House shall keep a Journal of its proceed- 
ings and publish them immediately after its adjournment. 
The yeas and nays of the members on any question shall, 
at the desire of one-fifth of the members present, be en- 
tered on the Journals. The original Journals shall be 
preserved, after publication, in the office of the Secretary 
of State ; but there shall be no other record thereof. 

5. Every bill, before it shall pass, shall be read three 
times, and on three separate and distinct days in each 
House, unless in cases of actual invasion or insurrection. 
Nor shall any law or Ordinance pass which refers to more 
than one subject-matter, or contains matter different 
from what is expressed in the title thereof. 

6. All Acts shall be signed by the President of the 
Senate and the Speaker of the House of Representatives ; 
and no Bill, Ordinance, or Resolution, intended to have 
the effect of a law, which shall have been rejected by 
either House, shall be again proposed under the same 
or any other title, without the consent of two-thirds of 
the House by which the same was rejected. 

7. Neither House shall adjourn for more than three 



360 COKTEDEEATE ReCOEDS 

days, nor to any other place, without the consent of the 
other; and in ease of disagreement between the two 
Houses on a question of adjournment, the Governor may 
adjourn either or both of them. 

8. The officers of the two Houses, other than the 
President and Speaker, shall be a Secretary of the 
Senate and Clerk of the House, and an Assistant for 
each; a Journalizing Clerk; two Engrossing and two En- 
rolling Clerks for each House ; and the number shall not 
be increased, except by a two-third vote of the House. 
And their per diem pay, as well as the pay and mileage of 
the members, shall be fixed by law, m the passage of 
which two-thirds of the members of each House shall con- 
cur. Whenever this Constitution requires a vote of two- 
thirds of either or both Houses for the passing of an 
Act or Eesolution, the yeas and nays on the passage 
liiereof shall be entered on the Journal or Journals. And 
all votes on confirmations or refusals to confirm nomi- 
nations to office by the Governor, shall be by yeas and 
nays; and the yeas and nays shall be recorded on the 
Journal. Every Senator and Eepresentative, before tak- 
ing his seat, shall take an oath or affirmation to support 
the Constitution of the United States and of this State; 
that he has not practiced any unlawful means, directly or 
indirectly, to procure his election, and that he has not 
given^ or offered, or promised, or caused to be given, or 
offered, or promised, to any person, any money, treat, or 
thing of value, with intent to affect any vote, or to pre- 
vent any person voting at the election at which he was 
elected- 

SECTION V. 

L The G^rjf-T^J Assembly shall have power to 



JouB2fAL CoxsTirrTiONAL CojnTEjsrTiON 1S67-68 361 

make all lavrs and Ordinances, consistent witli the Con- 
stLtntion, and not repugnant to the Constitution of the 
United States, which they shall deem necessary and 
proper for the welfare of the State. 

'2. The General Assembly may alter the boundaries 
of, or lay off and establish new counties, or abolish coun- 
ties, attaching the territory thereof to contiguous coun- 
ties: but no new counties shall be established but by u 
vote of two-thirds of each House, and after the qualified 
voters of the county shall, at an election held for the pur- 
pose, so desire. 

3. The General Assembly shall have power, by a vote 
of two-thirds of each House, to grant pardons in cases 
of final conviction for treason, and to pardon or com- 
mute after final conviction in capital eases, but the Gov- 
ernor may veto as in other cases : and if he should so do. 
the pardon shall have no force, unless re-passed by a 
two-third vote, as is provideil in other cases of vetoes. 

4. The General Assembly shall have power to re- 
peal or modify any charter granted either by the Greneral 
Assembly or by r'v Courts. 

SECTION AX 

1. Xo money shall be drawn from the Treasury ex- 
cept by appropriation made by law, and a regular state- 
ment and account of the receipt and expenditure of all 
public money shall be published from time to time. 

2. No vote, resolution. law. or order shall pass, 
granting a donation or gratriity in favor of any person. 



S62 Confederate Records 

except by the concurrence of two-thirds of each branch 
of the General Assembly. 

3. No law or section of the Code shall be annulled or 
repealed by mere reference to its title or to the number 
of the section in the Code, but the amending or repealing 
act shall distinctly and fully describe the law to be 
amended or repealed, as well as the alteration to be 
made. 

4. No law shall be passed by which a citizen shall be 
compelled, against his consent, directly or indirectly, to 
become a stockholder in, or contribute to any Railroad or 
work of public improvement, except in the case of the 
inhabitants of a corporate town or city. In such cases 
the General Assembly may permit the corporate authori- 
ties to take such stock, or make such contribution, or en- 
gage in such work after two-tliirds of the qualified voters 
of such town or city shall, at any election held for the 
purpose, have voted in favor of the same, but not other- 
wise. 

5. The General Assembly shall have no power to 
grant corporate powers and privileges to private Com- 
panies, except to Banking, Insurance, Railroad, Canal, 
Navigation, Mining, Express, Lumber, Manufacturing, 
and Telegraph Companies, nor to make or change elec- 
tion precincts, nor to establish bridges and ferries, nor to 
change names of legitimate children; but it shall pre- 
scribe by law the manner in which such powers shall be 
exercised by the Courts. But no charter for any Com- 
pany shall be granted or extended, and no act passed au- 
thorizing the suspension of specie payments by any Bank, 
except by a vote of two-thirds of the General Assembly. 



Journal Constitutional Convention 1867-68 363 

The General Assembly shall have no power to grant any 
charter without a provision therein for the personal 
liability of the stockholders for the ultimate payment of 
the debts of the same, and with a specific, speedy, and 
effectual mode therein pointed out by which that liability 
may be enforced. The General Assembly shall pass no 
law making the State a stockholder in any corporate 
Company; nor shall the credit of the State be granted or 
loaned to aid any Company without the concurrence of 
two-thirds of both Houses, nor without a provision that 
the whole property of the Company shall be bound for 
the security of the State prior to any other debt or lien ; 
nor to any Company in which there is not already an 
equal amount invested by private persons; nor for any 
other object than a work of public improvement. The 
General Assembly shall grant no charter or permission 
for any Lottery, and shall, by law, provide adequate 
penalties to prohibit the sale of Lottery Tickets in this 
State. The General Assembly shall have no power to 
appropriate money, except for the support of the Gov- 
ernment, the preservation and repair of the Public Prop- 
erty, the payment of the Public Debt, provision for the 
Common Defense, and such other purposes as the Gen- 
eral Assembly is specially required or empowered to ac- 
complish by the Constitution. No provision in this Con- 
stitution for a two-thirds vote of both Houses of the 
General Assembly shall be construed to waive the neces- 
sity of the signature of the Governor, as in any other 
cases, except in the case of the two-third vote required to 
override the veto. The General Assembly shall pass no 
law changing the rules of inheritance, altering the mode 
of making or the effects of contracts, changing the rules 
of evidence or practice in the Courts, or methods of pro- 



364 CONFEDEEATE ReCORDS 

ceeding to enforce any right, or making or repealing any 
criminal law without the concurrence of two-thirds of 
both Houses ; but this section shall not apply to such acts 
as are necessary to make or alter the laws now of force 
so as to conform to this Constitution, and shall be con- 
strued as directory only to the Greneral Assembly. 

Mr. Richardson, from the Committee on Legislative 
Department, presented the following Minority Report, 
which was read: 

The undersigned, minority of the Legislative Com- 
mittee, respectfully ask leave to briefly submit the chief 
points of difference in the Committee, reserving the right 
to offer substitutes for articles on which the Committee 
differ, as they shall come up for action. Passing over 
minor points of difference, three only will be mentioned 
in this report: 

1. The majority of the Committee would have the ap- 
portionment of the members to the General Assembly 
based upon territory, while the minority believe it to be 
for the best interest of the people to fix the basis upon 
population; for, where the earth is inhabited by men, 
there human laws are needed; where it is not inhabited 
by men, human laws are not needed. Wherever few men 
dwell, little Legislation is required, and but few interests 
to be represented; but a large population requires much 
legislation, and has many and diversified interests to be 
represented. Human laws are, or should be, made for 
the good of the earth's inhabitants, not for the earth 
itself. The representation of territory, instead of peo- 
ple, in some of the States in our Union, has been the 
cause of destroying the prosperity of the people therein, 
and creating chaos and discord where order and harmony 



Journal Constitutional Convention 1867-68 365 

ought now to exist. Upon such a basis as the majority 
recommend, the superstructure of an aristocracy has 
been erected, which has so riveted the shackles of legis- 
lation upon the mass of the people as to keep them 
bound in the almost hopeless chains of poverty, degrada- 
tion, and ruin, and who now tenaciously cling to their 
Bourbon ideas, and refuse to release their unscrupulous 
grasp upon the rights of the people. Two distinct fun- 
damental principles are recommended by the Committee : 
the one, that territory shall be the basis of representa- 
tion ; the other, that it shall be based upon population. It 
is hoped that the Convention will incorporate into the 
Constitution the latter principle. 

2. It is thought by the minority that the length of 
time the majority recommend persons changing their re- 
sidence from neighboring States to this should be neces- 
sary before they can be eligible to office, would work 
injury to the State, by keeping away capital and enter- 
prise. A less time is recommended. 

3. The minority cannot agree with the majority that 
it shall require two-thirds of both Houses of the General 
Assembly to pass any general law, or statutory criminal 
law, but believe in leaving the law-making power with 
the will of the majority, and the Executive approval or 
veto. Any people, when left free to exercise the powers 
they inherit from nature, will enact such laws as will 
best conduce to their interests. 

Eespectfully submitted, 

C. C. Richardson. 



366 Confederate Records 

The President laid before the Convention the follow- 
ing Order of Major-General Meade: 

Headquarters Third Military District, 

(Department of Georgia, Alabama, and Florida,) 

Atlanta, Ga. Jan. 13, 1868. 

General Order No. 8. 

I. Charles J. Jenkins, Provisional Governor, and 
John Jones, Provisional Treasurer of the State of Geor- 
gia, having declined to respect the instructions of, and 
failed to co-operate with the Major-General commanding 
the Third Military District, are hereby removed from 
oflSce. 

II. By virtue of the authority granted by the Sup- 
plementary Eeconstruction Act of Congress, passed July 
19th, 1867, the following named officers are detailed for 
duty in the District of Georgia: Brevet Brigadier- 
General Thomas H. Ruger, Colonel 33d Infantry, to be 
Governor of the State of Georgia; Brevet Captain 
Charles F. Rockwell, Ordnance Corps, U. S. Army, to 
be Treasurer of the State of Georgia. 

m. The above named officers will proceed without 
delay to Milledgeville, Georgia, and enter upon the dis- 
charge of the duties devolving upon them, subject to in- 
structions from these Headquarters. 

By order of Major-General Meade. 

E. C. Drum, 
Assistant Adjutant General. 
Official: 

George K. Sanderson, 

Ca;pt. and Act. Asst. Adjt. Gen. 



JoTJKNAL Constitutional Convention 1867-68 367 

On motion of Mr. Speer five hundred copies of each 
of the foregoing reports on the Legislative Department 
were ordered to be printed for the use of the Convention. 

Mr. Davis, of Walton, moved a suspension of the Rule 
in order to introduce a Resolution to limit members in 
debate to fifteen minutes, unless by consent of the Con- 
vention. 

On motion of Mr. Angier the motion to suspend the 
Rule was laid on the table. 

On motion of Mr. Bryant the Convention proceeded 
to the consideration of the Resolution of Mr. Ashburn, 
and the proposed substitutes and amendment, which, on 
Saturday, were made the special order of this day. 

Mr. Ashburn moved to lay the whole subject matter 
on the table for the present. 

The motion prevailed. 

Mr. Akerman submitted a minority report on the sub- 
ject of Relief, which is as follows: 

The undersigned, members of the Committee on Re- 
lief, respectfully present some of their reasons for dis- 
agreeing to the report of the majority, and certain Reso- 
lutions which they recommend to the adoption of the 
Convention : 

The majority propose, both by Ordinance and by a 
provision in the Constitution, to deny to Courts and offi- 
cers all power to collect debts originating prior to June 
1, 1865 ; and that is, in effect, to abohsh all such debts. 

No exception is made, even in favor of the most help- 
less and dependent classes, or against those who still hold 
valuable property for which they owe. Widows and or- 



368 Confederate Records 

phans, whose property went before that date into the 
hands of faithless trustees, will be left penniless and 
without remedy by this merciless enactment. 

The instinct of justice and humanity which impel us 
to protest against it are in strict harmony with the prin- 
ciples of the supreme law of the land. 

"Without discussing the question whether the proposed 
measures can be reached by the Courts so as to be set 
aside as unconstitutional, we content ourselves with say- 
ing that one of the most important provisions in the Con- 
stitution of the United States will become utterly worth- 
less if such attempts as this can succeed. When our 
fathers ordained in that sacred instrument that no State 
should pass laws, impairing the obligation of contracts, 
they meant that no State should prevent a creditor from 
getting his dues ; and if this is done by withholding juris- 
diction from Courts, or in any other way, the spirit, if not 
the letter of the Constitution is violated, and one of the 
main purposes for which the Constitution was made is 
defeated. 

We can be parties to no contrivance, however skilful, 
for evading the Constitution of our country. We wish to 
return to the Union, from which Georgia unwisely tried 
to sever herself, with unfaltering loyalty to the principles 
on which the Union rests. The best atonement which our 
State can make for her past aberrations is an increased 
alacrity in performing every thing that the Constitution 
commands, and an increased carefulness to abstain from 
everything that the Constitution forbids, in letter or 
spirit. Rebellion against the principles of the Constitu- 
tion is morally as criminal as rebellion against the Gov- 
ernment which the Constitution creates. 



Journal Constitutional Convention 1867-68 369 

Passing from the particular provisions of the Con- 
stitution of the United States, we object to the proposed 
measure, because it is at variance with the ends which are 
professed by all Governments, civilized or savage. "Pro- 
tection to person and property is the duty of Govern- 
ment" is the formula in which Georgia has expressed an 
elementary truth. Property which a citizen has entrus- 
ted to another is as sacred as property which remains in 
his own hands. If you deny him the means of recovering 
the one you may also subject him, without redress, to rob- 
bery of the other; and, in either case, what becomes of 
his right of protection? 

The reasons for relief, stated in the preamble of the 
proposed Ordinance, are all resolvable into this : that 
debtors are poorer than when their debts were made. It 
is a new and inadmissable doctrine that men, still able to 
pay their debts, should be released from them because 
their fortunes have been diminished since the debts were 
contracted. If so strange a principle should be recog- 
nized at all, reciprocal justice would require that the 
debts should be enlarged where the debtor's fortune has 
been increased — a proposition too ridiculous to be 
seriously considered. 

'It should be remembered that the same public calami- 
ties which have reduced the estates of debtors have 
equally reduced the estates of creditors, so that, rela- 
tively to each other, the two classes stand as they did be- 
fore their common misfortunes. The same causes which 
make it hard for debtors to pay, make it equally hard for 
creditors to do without their money. If there must be 
distress, it is better that the distress should come by 
taking from debtors what is not morally their own, than 
by withholding from creditors what is morally and 



370 Confederate Records 

legally their own. We sympathize with needy debtors, 
but we sympathize with needy creditors, too ; and it is our 
belief that the one class is nearly as large as the other. 
But if it were otherwise, our judgment would be un- 
changed ; for we abhor the principle which would sacrifice 
the rights of one class to the interest of another, because 
the latter is more numerous. We are persuaded, how- 
ever, that the number of persons who really desire the 
proposed or any similar relief is comparatively small. 
A few in every neighborhood, stimulated by interest and 
unrestrained by principle, have contrived to give to their 
selfish clamors the semblance of a popular voice. Coun- 
tenanced by influential politicians, who are more anxious 
to accomplish their ends than careful about the means by 
which their ends are attained, they have pressed their 
views on legislative bodies and military commanders; 
and, audaciously representing themselves as the people, 
have obtained a consideration to which they are not en- 
titled by their numbers, their characters, or their objects. 

We cannot forget that many of these men took advan- 
tage during the war, of an unrighteous Stay Law, of 
which they were the zealous advocates, and refused to 
pay their debts, when ihej might have done so in a de- 
preciated and abundant currency ; and that since the war 
they at first deceitfully disclaimed all purpose of ultimate 
repudiation, and asked for temporary delay only, and 
when they got that relief from a heedless or interested 
Legislature, they employed the respite in industrious 
labors to pervert the public mind, and to prepare it for 
the monstrous consummation that is reached in the re- 
port of the Committee. Such men deserve neither sym- 
pathy nor respect. While we are sorry that their innocent 
families should suffer, we have more pity for the families 



Journal Constitutional, Convention 1867-68 371 

of those who will be beggared if their iniquituous schemes 
prevail. 

The affirmation in the third clause of the majority's 
report, that ''it is impossible for the debtor to make even 
partial payment, ' ' is disproved by this very effort to re- 
lieve him from paying. Why undertake to prevent impos- 
sibilities ? No law on earth can collect what a debtor can- 
not pay. Perhaps the majority simply mean that it is 
inconvenient for the debtor to pay. This we admit. But 
when the legislation of the State was controlled by the 
classes to which most of the present friends of "Relief" 
belong, they solemnly enacted that all of an insolvent's 
property, except a moderate exemption, should be sold to 
pay his debt. They cannot complain if the law metes out 
to themselves with the same measure. If the present ex- 
emption was enough when the standard of wealth was 
high, it is surely enough when the standard is low. We 
do not oppose a reasonable enlargement of it as to future 
debts. But let the debts of the past be settled on the prin- 
ciples that controlled in the past. The argument that 
forced sales at present prices will not bring enough to 
benefit the creditor, is sufficiently answered by the con- 
sideration that in all such cases the creditor will have no 
inducement to bring the property to sale, and, of his own 
accord, will wait till better times. 

The majority cite the Ordinance of the Convention of 
1865, repudiating the State war debt, as a reason and a 
precedent for the action now proposed. It is remarkable 
that the action of a body which the call for this Conven- 
tion assumes to have been unauthorized, should be ex- 
pected to influence ours. 

But supposing that Convention to have been legal, 
there is nothing to warrant the interferences which the 



372 Confederate Kecords 

majority draw from its action. If the tax-paying debtors 
of the State have been relieved from their part of a public 
debt, they are so much the abler to pay their private 
debts. The principle of the Ordinance of 1865 was one 
well established at common law, that debts contracted for 
an illegal purpose, such as to aid in resisting a lawful gov- 
ernment, are void. We cannot see how the repudiation of 
an unlawful debt can justify the repudiation of debts 
made in the ordinary and lawful course of business. 

We also object to the proposed action, because it 
leaves to a non-resident creditor, whose claim is large 
enough for the jurisdiction of the Federal Courts, ad- 
vantages over creditors who reside in G-eorgia. A credi- 
tor to whom those Courts are open will collect his debts in 
spite of our Ordinances and the prohibitions in our Con- 
stitution. "While willing that citizens of other States 
should enjoy equal rights with ourselves, we are not 
capable of that romantic generosity which would accord 
them privileges that are denied to our own people. It has 
been said that ordinary rules are not applicable to the 
present question, because a large amount of property has 
been lost by the action of the Government. We cannot 
see why a destruction of property by public authority 
should affect the legal relations of debtor and creditor, 
any more than its destruction by private persons or by 
usual or Providential causes. 

Wliatever reason there may be in the proposition that 
the Government ought to pay for the losses caused by its 
own acts, there is certainly no justice in imposing any 
part of the debtor's losses by the Government as a special 
burden on his creditor. 

It has been said that equity requires the creditor to 



JouEXAL Constitutional Convention 1867-68 373 

stare the debtor's losses. But who is to share the losses 
of the creditor f 

It is an abuse of language to apply the term "Relief" 
to a measure that takes from one and gives to another for 
no fault in the loser and no merit in the gainer. 

Before the policy of our conquerors was disclosed 
some of our people were apprehensive that their property 
would be confiscated by the United States Government for 
their part in the rebellion. That danger has ceased; but 
intelligent men among us now propose to make a virtual 
confiscation of a large amount of property for no crime 
in the owners, unless it be a crime to have accommodated, 
in the past, those who are to be the beneficiaries of the 
nefarious project. 

This can be justified by none of the high public con- 
siderations which avowedly prompted the act of emanci- 
pation. In our judgment it will work terrible injustice 
among our people ; it will shock the moral sense of our 
best citizens; it will place among the opponents of our 
Constitution many good men who would otherwise ratify 
it ; it would be a pernicious precedent for future times ; it 
would repel capital from investment here ; in its influence 
it will sap private morals and destroy all faith between 
man and man ; and it will fix on the character of our State 
a stigma that will never be effaced until the events of this 
day shall have passed from the memory and the records 
of mankind. 

There is, however, one species of ''Relief" to which 
our reasonings do not apply — a relief free from all Con- 
stitutional objections, and recognizing the grand principle 
of justice — that a man shall not be permitted to keep his 
property to the injury of his creditor. This relief is of- 



374 Confederate Recobds 

fered by that Government whose heavy hand brought 
poverty upon our people. 

The Bankrupt Law clears a debtor of all liability, upon 
giving up his property, except the amount reserved to him 
by the provisions of that law, and thus answers the ends 
of justice to the creditor and humanity to the debtor. 

That law, to accomplish its beneficent designs effectu- 
ally, requires some amendments, and these, we believe, 
would soon be made, if the wants of our part of the 
country are known to Congress. We, therefore, offer the 
following Resolutions, as a substitute for the Ordinance 
and Resolution introduced by the majority: 

1. Resolved, That this Convention respectfully re- 
quests the Congress of the United States, in view of the 
condition of the Southern States, to amend the Bankrupt 
Law of 1867 in the following particulars, to- wit : 1st, By 
providing that the reservation of property to the bankrupt 
be made uniform in all the States, and sufficient for a 
frugal support to him and his family until their own in- 
dustry can maintain them in comfort. 2d, By providing 
that the relief given by that law be extended to fiduciary 
debtors who have not been faithless or otherwise culpable 
in their trusts. 3d, By reducing the expenses of the pro- 
ceedings when the estate of the bankrupt is small. 

2. Resolved, That the foregoing Resolution be sent 
by the President of this Convention to the President of the 
Senate and Speaker of the House of Representatives of 
the United States, with request that it be laid before those 
bodies. 

3. Resolved, That all Ordinances and Resolutions now 
before the Convention on the subject of Relief, except the 
foregoing, be indefinitely postponed, and that the Com- 



Journal Constitutional Convention 1867-68 375 

mittee on Relief be discharged from further consideration 
of the subject, 

Respectfully submitted. 

Amos T, Akerman, 

Thomas P. Saffold. 

Five hundred copies, each, of the majority and minor- 
ity reports on this subject were ordered to be printed for 
the use of the Convention, 

On motion of Mr. Richardson the rule was suspended, 
when he offered the following : 

Resolved, That the Committee on Printing be, and they 
are hereby instructed to employ three phonographic re- 
porters for the purpose of taking a full and correct report 
of the proceedings of this Convention. 

The same was, on motion, taken up. 

Mr. Akerman offered the following as a substitute, 
which was accepted by Mr. Richardson : 

Resolved, That the Committee on Printing be directed 
to employ three competent reporters to report the debates 
and proceedings of the Convention, and to provide for the 
publication of such reports in one or more of the daily 
newspapers of Atlanta, and for furnishing each member 
of the Convention with ten copies of one of such papers. 

Mr. Bryant called for a division of the question, and 
the vote being taken on the adoption of that portion rela- 
tive to the employment of reporters, the same was agreed 
to. 

The remainder of the Resolution, on motion, referred 
to the Committee on Printing. 



376 CONFEDEEATE EeCOKDS 

On motion of Mr. Turner the Rule was suspended, 
when he offered a Resolution defining the relations of 
Georgia to the Government of the United States. 

The same was read, and on motion of Mr. Bedford 
three hundred copies thereof ordered to be printed for the 
use of the Convention. 

The hour of 2 o'clock p. m. ha\ang arrived, the Presi- 
dent declared the Convention adjourned until 10 o'clock a. 
m. to-morrow. 



Atlanta, Ga., Tuesday, Jan. 14, 1868. 

The Convention met pursuant to adjournment. 
Prayer by the Chaplain. 
The Journal was read. 

The Secretary proceeded with the call of the roll for 
the introduction of new matter. 

Mr. Ashburn offered a Resolution (Mr. Shropshire in 
the Chair) petitioning the Congress of the United States 
to confer on this Convention the power to establish a 
Provisional Civil Government, and to pass an Act of 
Relief, and for other purposes therein mentioned; and 
moved to suspend the Rule for the purpose of taking up 
the same. 

Mr. Bryant called for the previous question. 

Mr. Miller rose to a point of order, assuming that call 
for the previous question implied that there were more 
than one question before the Convention, and there being 
but one, the call was not in order. 



Journal Constitutional Convention 1867-68 377 



The point was overruled by the President pro tern. 

Mr. Miller appealed from the decision of the Chair, 
but by request, withdrew his appeal. 

The President resuming the Chair, the yeas and nays 
were demanded on the question of sustaining the call for 
the previous question. 

Those who voted in the affirmative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashburn, 

Bedford, 

Bentley, 

Beaird, 

Baldwin, 

Bell of Oglthorpe, 

Bryant, 

Bracewell, 

Bradley, 

Buchan, 

Bullock, 

Campbell, 

Catching, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Conley, 

Crumley, 

Cotting, 

Davis, 

Daley, 

Dinkins, 



Edwards, 

Ellington, 

Gilbert, 

Golden, 

Guilford, 

Harris of Chatham, 

Harris of Newton, 

Harrison of Hancock, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Linden, 

Lumpkin, 

Madden, 

Maull, 

McHan, 

Minor, 

McWhorter, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Rice, 



378 



Confederate Records 



Richardson, 


Strickland, 


Saulter, 


Trawick, 


Sikes, 


Walton, 


Seeley, 


Wallace, 


Sherman, 


Whitaker, 


Stewart, 


Whitehead of Burke, 


Supple, 


Whitehead of Butts, 


Stanley, 


AVilliams, 


Stone, 


Woodey. 


Those who voted in 


the negative, are Messrs. 


Akerman, 


Gove, 


Angier, 


Griffin, 


Bell of Banks, 


•Harland, 


Bigby, 


Harrison of Carroll, 


Blount, 


Higbee, 


Bowden of Campbell, 


Higden, 


Bowden, of Monroe, 


Houston, 


Brown, 


Holcombe, 


Bryson, 


Hooks, 


Burnett, 


Howe, 


Carson, 


Hudson, 


Christian of Newton, 


Hutcheson, 


Christian of Early, 


Jordan, 


Cooper, 


Key, 


Cobb of Madison, 


King, 


Crane, 


Knox, 


Crawford, 


Lee, 


Dews, 


Maddox, 


Dunning, 


Mathews, 


Dunnegan, 


Martin of Carroll, 


Fields, 


Martin of Calhoun, 


Fljmn, 


Martin of Habersham, 


Fort, 


Miller, 


Foster of Morgan, 


Moore of White, 


Foster of Paulding, 


Neal, 


Gibson, 


Rozar, 


Goodwin, 


Roberts, 



Journal Constitutional. Convention 1867-68 379 

Robertson, Shumaite, 

Saffold, Stanford, 

Shields, Trammell, 

Smith of Charlton, T.urner, 

Smith of Coweta, Waddell, 

Smith of Thomas, Welch, 

Speer, Whiteley, 

Shropshire, Yeates. 

There are yeas 74; nays 70 
tion was not sustained. 



So the previous ques 



On the motion to suspend the Rule the yeas and nays 
were demanded. 



Those who voted in the affirmative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashburn, 

Bedford, 

Bentley, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowers, 

Bryant, 

Bracewell, 

Bryson, 

Bradley, 

Buchan, 

Bullock, 

Campbell, 

Catching, 

Caldwell, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 



Cobb of Houston, 

Costin, 

Conley, 

Crumley, 

Cotting, 

Davis, 

Daley, 

Dinkins', 

Edwards, 

Ellington, 

Gilbert, 

Golden, 

Guilford, 

Harris of Chatham, 

Harris of Newton, 

Harrison of Hancock, 

Higbee, 

Hotchkiss, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Jordan, 



380 



CONFEDEKATE RECORDS 



Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

McHan, 

Minor, 

McWhorter, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Rice, 



Richardson, 

Saulter, 

Sikes, 

Seeley, 

Sherman, 

Stewart, 

Supple, 

Stone, 

Strickland, 

Trawick, 

Walton, 

Wallace, 

Whitaker, 

Whitehead of Burke, 

Whitehead of Butts, 

Williams, 

Woodey. 



Those who voted in the negative, are Messrs. 



Akerman, 
Angier, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Bigby, 

Blount, 

Brown, 

Burnett, 

Carson, 

Christian of Newton, 

Christian of Early, 

Cooper, 

Cobb of Madison, 

Crane, 

Crawford, 

Dews, 

Dunning, 

Dunnegan, 



Fields, 

Flynn, 

Fort, 

Foster of Morgan, 

Foster of Paulding, 

Gibson, 

Goodwin, 

Gove, 

Griffin, 

Harland, 

Harrison of Carroll, 

Higden, 

Houston, 

Holcombe, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Key, 



JouENAL Constitutional Convention 1867-68 381 

King, Smith of Charlton, 

Knox, Smith of Coweta, 

Lee, Smith of Thomas, 

Mathews, Speer, 

Martin of Carroll, Shropshire, 

Martin of Calhoun, Shumate, 

Martin of Habersham, Stanford, 

Miller, Stanley, 

Moore of White, Trammell, 

Rozar, Turner, 

Roberts, Waddell, 

Robertson, Welch, 

Satfold, AVliiteley, 

Shields, Yeates. 

There are yeas 80; nays 66. Less than two-thirds of 
the members present voting in the affirmative, the motion 
to suspend the Rule was lost. 

Mr. Harris offered a Resolution, which was, on 
motion, taken up and agreed to, that when on any day the 
call of the roll should not be completed, it should be re- 
sumed at the point where the suspension took place, and 
not begun de novo. 

Mr. Maull presented a petition of Dr. J. S. Powell, 
which was, on motion of Mr, Bedford, referred to the 
Committee on Petitions, without being read. 

Mr. Martin, of Calhoun (Mr. Saffold in the Chair), 
offered an Ordinance for relief which was read the first 
time; and the following Ordinance on franchise and 
other matters therein named, which was ruled out of 
order by the President pro tern, because in the nature of 
Legislative matter, to-wit : 

Be it Ordained by the people of Georgia, in Conven- 
tion assembled, That no person shall be entitled to vote at 



382 Confederate Records 

any election in this State, or shall hold any office of profit 
or honor in the same, unless he can read the Bible and the 
Constitution of this State ; provided, that no free person 
of color shall ever be eligible to any office in this State. 

Intermarriage between white persons and persons of 
color is hereby prohibited, and persons violating this Or- 
dinance, as well as the minister or officer performing the 
ceremony of marriage, shall be punished by confinement 
in sejDarate apartments in the Penitentiary, for not less 
than ten nor more than twenty years, or be banished to 
Africa or Liberia, on their own expenses, at the option 
of the parties. 

The following Ordinances and Resolutions were of- 
fered and read the first time, to-wit : 

By Mr. McCay. An Ordinance to impose a tax of ten 
per cent, on certain debts in this State. 

By Mr. Moore, of Columbia. An Ordinance to pro- 
hibit the collection of more than twenty-five per cent, of 
debts contracted prior to the first day of June, 1865. 

By Mr. Saulter. A Resolution to provide for the pay- 
ment of members and officers of this Convention. 

By Mr. Smith, of Coweta. An Ordinance for the re- 
lief of the people of Georgia, and a Resolution fixing the 
order of taking up reports. 

By Mr. Sj)eer. A resolution instructing the Door- 
keeper to replace the broken lights in the windows of the 
north end of the Hall. 

By Mr. Supple. An Ordinance on relief. 

By Mr. Strickland. An Ordinance on franchise. 



JouENAL Constitutional Convention 1867-68 383 

By Mr. Trammell. A Resolution to memorialize con- 
gress in regard to the establishment of a system of colon- 
ization of the colored people of Georgia, by making a 
donation of some suitable portion of the public lands. 

By Mr. Turner. A Resolution instructing the Com- 
mittee on Executive Department to report a clause 
creating the office of Lieutenant Governor. 

Mr. Rozar otfered the following Resolution, which 
was ruled out of order, because in the nature of Legisla- 
tive matter, to-wit : 

Whekeas, It is an established and incontrovertible 
fact that the wealth of a nation, or a people, necessarily 
originates from the earth upon which they inhabit; and, 
whereas, it is apparent that the result of the late revolu- 
tion in the United States of America has produced a 
radical change pertaining to agriculture in the State or 
Territory of Georgia; and, whereas, it is considered the 
deliberations of this body should be for the general good 
of all citizens which they may represent, irrespective of 
political differences, and national wealth a paramount 
consideration. Therefore, 

Be it Resolved, in Convention assembled, by the Rep- 
resentatives of the people of the State or Territory of 
Georgia, That for the more efficiency, encouragement, 
and progress of agriculture, all sales of land which may 
take place at any public outcry, in the State or Territory 
of Georgia, shall be in tracts not exceeding fifty acres, 
after the passage and adoption of this Resolution. 

Mr. Smith, of Thomas, offered the following Resolu- 
tion, which, on motion, was taken up: 

Whereas, The Convention, by Resolution, determined 



384 CONFEDEEATE RECORDS 

that the period for the collection of taxes for 1867, be ex- 
tended until the first of March, 1868; and, whereas, offi- 
cial notice of the same has not been communicated to the 
Tax Collectors of the State. \ 

Resolved, That one hundred and fifty copies of said 
Ee solution, and this Preamble and Resolution, be prin- 
ted, and that copies of the same be forwarded by the 
Secretary of the Convention to each Tax Collector of this 
State, and said Collectors be, and they are hereby re- 
quired, to duly observe the same. 

Information being given that the statement in the 
foregoing Preamble relative to the suspension of taxes 
until March 1st, 1868, was a mistake, the Resolution was, 
on motion of Mr. Whiteley, laid on the table. 

Mr. Waddell offered the following Resolution, which, 
on motion, was taken up, to-wit : 

Resolved, 1, That all men, from the highest magis- 
trate to the humblest citizen, who bear true faith and al- 
legiance to the fundamental principles of Republican 
Government and popular liberty, are entitled to the coun- 
tenance, smypathy, and encouragement of this Conven- 
tion. 

Resolved, 2, That Major-General Winfield S. Hancock, 
Commander of the Fifth Military District, has shown 
himself such a man that he is entitled to the thanks of 
this Convention for his late orders, wherein those prin- 
ciples are so unmistakably avowed, and that this Con- 
vention heartily congratulates the people of Louisiana 
and Texas on their good fortune in having for Military 
Commander a gentleman who adheres to the great prin- 
ciples of popular liberty as contained in the Constitution 



Journal Constitutionai. Convention 1867-68 385 



of the United States, and inculcated by the Fathers and 
Founders of the Eepublic. 

Mr. Bedford moved the indefinite postponement of 
the Resolution, and called for the previous question, 
which was sustained. 

T(he main question was then put, and the yeas and 
nays hereon required to be recorded. 

Those who voted in the affirmative, are Messrs'. 



Adkins, 

Akerman, 

Alexander, 

Anderson, 

Angier, 

Ashburn, 

Bedford, 

Bentley, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowden of Campbell, 

Bowers, 

Bigby, 

Blount, 

Bryant, 

Brown, 

Bracewell, 

Bryson, 

Bradley, 

Buchan, 

Bullock, 

Campbell, 

Carson, 

Catching, 

Caldwell, 



Clift, 

Christian of Newton, 

Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Cobb of Houston, 

Cobb of Madison, 

Costin, 

Conley, 

Crane, 

Crawford, 

Crayton, 

Crumley, 

Cotting, 

Davis, 

Daley, 

Dinkins', 

Dunning, 

Dunnegan, 

Edwards, 

Ellington, 

Flynn, 

Foster of Morgan, 

Gilbert, 

Goodwin, 

Golden, 



386 



Confederate Eecords 



Guilford, 

Harris of Chatham, 

Harris of Newton, 

Harrison of Hancock, 

Higbee, 

Higden, 

Hotchkiss, 

Hopkins, 

Hntcheson, 

Jackson, 

Joiner , 

Jones, 

Jordan, 

Key, 

Kjiox, 

Lee, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Mathews, 

Martin of Habersham, 

McHan, 

Minor, 

Miller, 

McWhorter, 

Moore of Columbia, 

Moore of Pierce, 

Murphv, 

Neaf, 

Noble, 

Palmer, 

Pope, 

Potts, 



Prince, 

Reynolds, 

Eice, 

Eichardson, 

Eozar, 

Roberts, 

Robertson, 

Saulter, 

Sikes, 

Shields, 

Seeley, 

Sherman, 

Smith of Charlton, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Stewart, 

Supple, 

Stanley, 

Stone, 

Strickland, 

Trawick, 

Turner, 

Walton, 

Wallace, 

Welch, 

Wliitaker, 

Whitehead of Burke, 

Whitehead of Butts, 

Wliiteley, 

Williams, 

Woodey, 

Yeates. 



Those who voted in the negative, are Messrs. 



Burnett, 

Christian of Earley, 



Fields, 

Foster of Paulding, 



Journal, Constitutional. Convention 1867-68 387 

Gove, King, 

Griffin, ]\Iartin of Carroll, 

Harrison of Carroll, Stanford, 

Holcombe, Trammell, 

Hudson, Waddell. 

There are yeas 123; nays 14. So the motion to in- 
definitely postpone prevailed. 

Mr. Whiteley offered the following Resolution, 
which, on motion, was taken up : 

Resolved, That all matter touching relief, in the 
hands of delegates for introduction, except amendments 
to reports of Committees, be handed by them to the 
Chairman of the Committee on Relief, and that no such 
matter be hereafter presented in this Convention. 

On motion of Mr. Bradley the Resolution was laid on 
the table. 

Mr. Shropshire, from the Finance Committee, made 
the following report, which, on motion, was taken up, 
to-wit : 

Your Committee beg leave to report that pretermit- 
ting any opinion as to the validity of the Constitution of 
1865, or the acts of the General Assembly that existed 
under and by virtue of its authority, we recommend the 
adoption of the following Resolution: 

Resolved, That in the opinion of the Convention it is 
unwise and inexpedient to directly or indirectly inter- 
fere with the legislation of the General Assembly, au- 
thorizing the issue of bonds for the purpose of paying 
the indebtedness of the State. 

Mr. Harris moved to lay the same on the table for 



388 Confederate Records 

the present, and that three hundred copies thereof be 
printed. 

Mr. Bryant moved that it be made the special order 
of the day for to-morrow, as an amendment to the motion 
of Mr. Harris. 

The motion of Mr. Bryant was lost. 

The question recurring on the motion of Mr. Harris, 
it was also lost. 

The Resolution was adopted. 

Mr. Bryant, from the Committee on Franchise, made 
the following report, which being read, three hundred 
copies thereof were ordered to be printed for the use 
of the Convention: 

The undersigned, your Committee on Franchise, 
having had the subject under consideration, and submit 
the following report. 

ARTICLE . 



Elections. 

Sec. 1. In all elections by the people, the electors 
shall vote by ballot. 

'Sec. 2. Every miale person born in the United States, 
and every male person who has been naturalized, or who 
has legally declared his intention to become a citizen of 
the United States, twenty-one years old or upward, who 
shall have resided in this State six months next preced- 
ing the election, and shall have resided three months 
in the County in which he offers to vote, except as herein 



JouEisrAL Constitutional Convention 1867-68 389 

after provided, shall be deemed an elector; and every 
male inhabitant of the age aforesaid, who may be a resi- 
dent of the State at the time of the adoption of this Con- 
stitution, shall be deemed an elector, and shall have all 
the rights of electors as aforesaid. 

Resolved, That no soldier or sailor or marine, in the 
military or naval service of the United States, shall here- 
after acquire a residence by reason of being stationed on 
duty in this State. 

Sec. 3. It shall be the duty of the General Assembly 
to provide from time to time for the registration of all 
electors; but the following classes of persons shall not 
be permitted to register, vote, or hold office; 1st, Those 
who may be disqualified from holding office by the pro- 
posed amendment to the Constitution of the United 
States, known as Article XIV, and those who have been 
disqualified from registering to vote for delegates to the 
Convention to frame a Constitution for the State of 
Georgia, under the Act of Congress to ''Provide for the 
more efficient government of the rebel States," passed 
by Congress March 2, 1867, and the Acts supplemental 
thereto : Provided, That when the Congress of the United 
States shall remove such disability, all persons affected 
thereby shall be restored to all the rights and privileges 
of which they have been restrained by this section : And 
provided further, that such disability shall not disqualify 
any person as an elector after January 1, 1869. 2d, 
Those who shall have been convicted of treason, embezzle- 
ment of public funds, malfeasance in office, crime punish- 
able by law with imprisonment in the Penitentiary, or 
bribery. 3d, Those who are idiots or insane. 



390 CONFEDEEATE EeCOEDS 

Sec. 4. All persons, before registration, must take 

and subscribe the following oath: ''I, , 

do solemnly swear (or affirm) that I will support and 
maintain the Constitution and laws of the United States, 
and the Constitution and laws of Greorgia ; that I am not 
excluded from registering by any of the clauses of Sec- 
tion 3, Article — of the Constitution of Georgia; that 
I will never countenance nor aid in the secession of this 
State from the United States. So help me God." 

Sec. 5. Electors shall in all cases, except, treason 
felony, or breach of the peace, be pri\dleged from arrest 
and civil process for five days before the first day of 
election, and two days subsequent to the last day of 
election. 

Sec. 6. It shall be the duty of the General Assembly 
to enact adequate laws gi\^ng protection against the evils 
arising from the use of intoxicating liquors at elections. 

Sec. 7. Returns of elections for all ci^il officers, 
elected by the people, who are to be commissioned by the 
Governor, and also for the members of the General As- 
sembly, shall be made to the Secretary of the State, un- 
less otherwise provided by the General Assembly. 

Seo. 8. It shall be the duty of the General Assembly 
to enact adequate laws giving protection to electors be- 
fore, during, and subsequent to elections. 

Sec. 9. The election of Governor, Senators and Rep- 
resentatives shall be on the Tuesday after the first Mon- 
day in Xovember, unless otherwise provided by the Gen- 
eral Assembly. 



Journal Constitutional Convention 1867-68 391 

Sec. 10. All qualified electors, and none others, 
shall be eligible to any office in this State, unless dis- 
qualified by the Constitution of this State, or by the 
Constitution of the United States. 

J. E. Bryant, Chairman. 
Wesley Shropshire, 
N. L. Angier, 
James L. Dunning, 
P. B. Bedford, 
Presley Yeates, 
E. S. Cobb. 

Mr. Parrott moved to suspend the Rule for the pur- 
pose of taking up the majority reports on the subject of 
relief. 

Pending discussion on this proposition, the Conven- 
tion, on motion of Mr. Bedford, adjourned until 10 
o'clock a. m., to-morrow. 



Atlanta, Ga., Wednesday, Jan. 15, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read, and Mr. Akerman moved to 
reconsider so much thereof as relates to the adoption of 
the Resolution, reported by the Committee on Finance on 
yesterday. He gave notice that, if his motion prevailed, 
he would move to amend by adding to the Resolution the 
following words : 

And all such bonds, issued under authority of the 
bodies acting as the General Assembly of Georgia since 



392 Confederate Records 

the 25tli day of November, 1865, are hereby declared to 
be binding upon the State. 

On motion of Mr. Dunning, the motion to reconsider 
was laid on the table. 

Mr. Caldwell, from the Committee on Education, pre- 
sented the following report, which was read, and five 
hundred copies thereof ordered to be printed for the use 
of the Convention, to-wit : 

The Committee on Education have had under con- 
sideration the matters relating to the interests of Edu- 
cation, and beg leave to submit the following report : 

ARTICLE y. 

Education. 

Knowledge and Learning, as well as Virtue and Re- 
ligion, being essential to the highest welfare of a com- 
munity, and diffusing the advantages and opportunities 
of Education throughout the State being highly con- 
ducive thereto, it shall be the duty of the General As- 
sembly, at as early a day as convenient after the adopt- 
ing of this Constitution, to provide for carrying into 
effect the following General Plan of Education : 

Sec. 1. The system of Education in this State shall 
comprehend one general and complete establishment, 
and shall consist of a University, at Athens, or such other 
locality as may be designated by law, with such Schools 
as have been or may hereafter be connected therewith; 
of a Normal School, for training teachers; and of such 
Free Cormnon Schools, graded Schools and Academies 
as may be necessary to educate all the inhabitants of the 



JouKNAL Constitutional Convention 1867-68 393 

State, without partiality or distinction, between the ages 
of six and twenty-one years, and such education shall be 
free of charge for tuition at least five months in the year. 

Sec. 2. Separate departments in all the Public In- 
stitutions of the State, and separate Schools, may be 
established by law, for such scholars as may be required 
to occupy such separate departments or Schools: Pro- 
vided, Tjhat no partiality shall be shown in such regula- 
tions. 

Boards or Education — How Composed. 

Sec. 3. This general educational establishment shall 
be under the superintendence and control of a Board of 
Education, consisting of a Superintendent of Public In- 
struction, who shall be President of the Board, the 
Chancellor of the University, provided for in Section 1 
of this Article, who shall be Vice President, and two 
members elected from each Congressional District. Said 
Board shall be subject to, and each member thereof im- 
peachable by, the General Assembly. 

The Boaed A Coeporate Body — Name and Style. 

Sec. 4. The Board of Education shall be a body cor- 
porate, under the name and style of "The Board of Re- 
gents of the State of Georgia. ' ' 

Sec. 5. Two members of the Board of Regents shall 
be elected by the legal voters of each Congressional Dis- 
trict, and hold their office for the term of four years, or 
until their successors shall be qualified; and one half of 
them, at least, shall each have received, prior to his elec- 



394 CONFEDEBATE EeCOEDS 

tion, the Degree of Master of Arts from some chartered 
College or University. After the first election under 
this Constitution the Board shall be di\dded into equal 
classes, so that each class shall consist of one member 
from each district. The seats of the first class shall be 
vacated at the exj^iration of two years, so that one-half 
shall be chosen biennially, and in such manner as that 
there shall never be less than one half of them Masters 
of Arts. 

State Supekintendext — Electioist, Qualifications^ 
AND Duties. 

Sec. 6. The Superintendent of Public Instruction 
shall have the general supervision of all the Public 
Schools, and perform such other duties as may be im- 
posed upon him by the Board and by the laws of the 
State. He shall be elected at the same time and in the 
same manner, and hold his office for the same time as the 
Governor of the State; and prior to his election shall 
have received from some chartered College or Universiry 
the Degree of Master of Arts. He shall receive such 
salary, and such travelling and incidental expenses, and 
such clerical assistance as may be fixed by law, and have 
his office at such place as the Board of Eegents, with the 
approval of the General Assembly, may determine. 

Annual Meeting of Boabd. 

Sec. 7. The Board of Eegents shall meet annually 
at the seat of Government at the same time as the Gen- 
eral Assembly; but no session shall continue longer thau 
twenty days ; nor shall more than one session be held in 
the same year, unless authorized by the Governor. The 



Journal Constitutional Convention 1867-68 395 

members shall receive the same mileage and daily pay- 
as the members of the General Assembly. 

BoAED to Frame a General School Law. 

Sec. 8. The Board of Eegents shall, at their first 
session after the adoption of this Constitution, proceed 
to frame a Public School Law for this State, providing 
for the complete establishment of all the Institutions 
herein enumerated, and the most efficient government of 
the same, and for such courses and methods of instruc- 
tion, and such Subordinate Boards as may be deemed 
necessary to carry into effect this plan of General Educa- 
tion. The Board shall also make By-Laws for its own 
government, and shall submit all its acts for approval, 
amendment, or rejection, to the General Assembly. 

Sec. 9. No Institution of Learning shall ever receive 
any aid, directly or indirectly, from the State, that is 
not subordinate in all respects to the Board of Regents. 

Sec. 10. The Educational Fund of this State shall 
be made up of all the Corporation Stocks of the State ; of 
the entire net income of the Western & Atlantic Railroad ; 
of all lands, moneys, or other property donated by deed, 
will, or otherwise, to the State for purposes of education, 
of all swamp lands and other lands now belonging, or 
which may hereafter belong to the State, and of all lands 
which may escheat to the State; of all grants of land, 
money, or other appropriations which have been or may 
be made to the State by the United States for purposes 
of education; of all moneys paid to the State as an 
equivalent for exemption from military service, or as 
militia fines ; of moneys derived from such specific tax as 



396 Confederate Records 

the General Assembly may levy upon all corporations, 
except eleemosynary corporations; on all foreign bank 
and exchange agencies, and on all foreign bank bills is 
sued in the State by any corporation, partnership or per- 
sons ; of moneys raised by a poll tax, not exceeding two 
dollars on each qualified voter; and of such surplus as 
may remain in the State Treasury at the close of each 
political year, after all expenses, ordinary and extra- 
ordinary, of the Grovernment have been paid. TMs 
fund shall remain forever inviolable for education. 

Sec. 11. The Public School Fund of this State shall 
be held by such persons as the General Assembly may 
designate, who shall be required to give a bond for such 
amount, and with such good and sufficient surety as may 
be required, and pay out the same only on the warrant or 
draft of the Superintendent of Public Instruction. He 
shall be required to keep the same safely deposited in 
such bank or banks, and at such place or places as the 
General Assembly may direct; and no portion of such 
fund shall ever be sent to the counties, or placed in the 
hands of county officers for disbursement. 

Sec. 12. The Superintendents shall issue warrants 
or drafts on the Treasurer of the Educational Fund only 
on such vouchers as the laws may require. 

Sec. 13. The General Assembly shall provide for an 
effectual system of visitation to all the institutions herein 
enumerated, in order to carry out the true intent and de- 
sign thereof; and Boards and Officers herein provided 
for shall be held to a strict responsibility for the faithful 
discharge of their duties, jointly and severally. 



Journal Constitutional Convention 1867-68 397 

Sec. 14. The General Assembly shall never author- 
ize the sale of the Western and Atlantic Eailroad. 

In behalf of the Convention. 

J. H. Caldwell, Chairman. 

J. H. Plynn, 

Thomas Gilbert, 

0. H. Walton, 

J. W. Trawiok, 

H. M. Turner, 

T. G. Campbell. 

On motion of Mr. Martin, of Habersham, the Sules 
were suspended for the purpose of enabling him to offer 
the following Resolution : 

Resolved, by this Convention, That General Meade be, 
and he is hereby requested, to order the Treasurer of the 
State of Georgia to deposit in the hands of N. L. Angier, 
the Disbursing Agent, subject to the order of the Conven^ 
tion, funds sufficient to pay all expenses of the Conven- 
tion. 

Resolved, That the Secretary furnish General Meade, 
at once, with a copy of this Resolution. 

Mr. Waddell offered the following substitute : 

Whereas, The provision made in the Act of Con- 
gress, whereunder this Convention is called, for the pay- 
ment of the fees, salary, expense, and compensation of 
the officers and delegates to this Convention only author- 
ize this Convention to provide for the levy and collection 
of such taxes on the property of the State as may be 
necessary therefor; and whereas, the necessities of the 
officers and delegates to the Convention call for the pay- 



398 Confederate Eecords 

ment of their dues at an earlier day than such collection 
of taxes can be made; therefore, be it 

Besolved, That the Federal authorities be respect- 
fully requested to authorize such advance of money as 
may be necessary to defray the expenses, to be made to 
the Disbursing Officer of this' Convention for the purpose 
above indicated. 

The substitute was withdrawn by the mover for the 
present, and the original Eesolution of Mr. Martin 
adopted. 

Mr. Trammell, from the Committee on Privileges and 
Elections, submitted the following report, and also laid 
before the Convention the evidence upon which said re- 
port was predicated : 

Mr. President : 

The Committee on Privileges and Elections beg leave 
to report : That they have had under consideration the 
case of J. E. Griffin and Isaac H. Anderson, of the 
Twenty-third District, and submit the following as the 
evidence and the facts considered by your Committee in 
the investigation of the same : 

The principal ground relied upon by Mr. J. E. Grif- 
fin is, that Isaac H. Anderson, was one of the Board of 
Eegistrars of the Twenty-third District, and ineligible 
by order of General Pope. Your Committee are of the 
opinion that the said Isaac H. Anderson is rendered in- 
eligible by the order of General Pope, which declares 
''That no Eegistrar, who is a candidate for election as 
a delegate to the Convention, shall serve as a Judge of 
the election in any county which he seeks to represent.'* 



Journal Constitutional Convention 1867-68 399 

Your Committee would recommend the adoption of 
the following Eesolution: 

Resolved ,That Isaac H. Anderson, who occupies a 
seat on this floor, is ineligible, and is, therefore not en- 
titled to the same. 

Resolved, It appearing that J. E. Griffin having 
received the next highest number of votes cast, that he 
is hereby entitled to a seat upon this floor. 

On motion of Mr. Bryant, the reading of the evidence 
accompanying the foregoing report was dispensed with. 

On motion of Mr. Bradley, the Sule was suspended, 
when he offered the following Eesolution, which was 
taken up, read, and agreed to, to-wit: 

Resolved, That the delegates of the people of Geor- 
gia, in Convention assembled, do request the Major-Gen- 
eral in command to have examined all the jails and other 
prisons, and have released therefrom all persons unlaw- 
fully deprived of their liberties, and all persons tried ex 
parte, the right of appeal denied, and bail refused in 
violation of the Constitution and Laws of the United 
States and the State of Georgia. 

On motion of Mr. Eichardson, the Eule was sus- 
pended, and the Convention went into Committee of the 
Whole (Mr. Shropshire in the Chair) on the report of 
the Committee on Bill of Eights. 

The preamble was, on motion, taken up, and read as 
follows ; 

We, the representatives of the people of the State of 
Georgia, in Convention assembled, to secure all citizens 
thereof the enjoyment of life, liberty, and property, and 



400 CONFEDEEATE KeCORDS 

of pursuing happiness, do ordain and establish this Con- 
stitution for its government. 

Mr. Conley moved to amend the preamble by insert- 
ing after the word "happiness" the words "In reliance 
upon Almighty God." 

Mr. Bell, of Banks, proposed to amend by inserting 
after the word "happiness" the following words: "In- 
voking the favor and guidance of Almighty G-od." 

Mr. Waddell offered the following as a substitute for 
the preamble and proposed amendments: 

We, the people of the State of Georgia, in order to 
form a permanent government, establish justice, insure 
domestic tranquility, and secure the blessings of liberty 
to ourselves and our posterity, acknowledging and invok- 
ing the guidance of Almighty God, the Author of all good 
government, do ordain and establish this Constitution 
for the State of Georgia. 

Mr. Higbee offered the following as a substitute for 
the original, the amendments, and the foregoing sub- 
stitute : 

We, the people of Georgia, grateful for our freedom, 
to secure its blessings and promote our common welfare, 
do establish this Constitution. 

On motion of Mr. Bryant, the substitute of Mr. Hig- 
bee was laid on the table. 

Mr. Speer proposed the following as a substitute : 

We, the people of Georgia, in order to form a perfect 
government, establish justice, insure domestic tran- 
quility, and secure the blessings of civil liberty to our- 
selves and posterity, acknowledging and imploring the 



JouENAL, Constitutional, Convention 1867-68 401 

aid and guidance of G-od, the Author and Founder of all 
good government, do ordain and establish this Consti- 
tution for the State of Georgia. 

Mr. Whiteley offered the following as a substitute : 

We, the people of Georgia, in order to secure to our- 
selves and our posterity the blessings of free govern- 
ment, do, invoking the guidance of Almighty God, ordain 
and establish this Constitution for the people of Georgia. 

Mr. Bradley moved to amend the original preamble 
by striking out the words "representative," "Conven- 
tion assembled," and "order," and inserting after the 
word "happiness" the words "in reliance on Almighty 
God." 

On motion, this amendment was laid on the table. 

T^e substitute of Mr. "Waddell was, on motion, adop- 
ted. 

On motion of Mr. Clift, the caption was amended by 
striking out the words ' ' the Constitution and Preamble, ' ' 
and filling the blank with the words ' ' Preamble to the 
Constitution." Also, by inserting between the preamble 
and the words "Article I" the following words: "Con- 
stitution of the State of Georgia." 

The Declaration of Eights was taken up by sections. 

Mr. Whiteley offered the following as a substitute for 
Sections 1 and 2 : 

Impartial protection to person and property is the 
duty of Government : allegiance thereto and obedience to 
the laws thereof the duty of the citizen. 

Mr. Higbee offered the following as a substitute for 
the substitute of Mr. Whiteley and Sections 1 and 2. 



402 CONFEDEEATE KeCOEDS 

Government originates from the people, and is insti- 
tuted for the protection of life, of personal freedom, of 
property, of reputation, and of religion; from foreign 
and domestic attacks ; and it is the right and duty of the 
people to modify or reform their Grovemment in such 
manner as they may deem expedient, whenever the public 
good may require it. 

The foregoing substitutes of Mr. Whiteley and Mr. 
Higbee were laid on the table. 

Mr. Akerman offered the following as a substitute 
for the first section : 

Protection to person and property is the paramount 
duty of Government, and shall be impartial and com- 
plete. 

The same was adopted. 

Mr. Bryant moved to strike out the whole of the 
second section. The motion prevailed. 

Mr. Campbell moved to fill the blank with the follow- 
ing: 

No discrimination on account of color or previous 
condition shall be made in this State. 

Mr. Bryant proposed to fill the blank with the follow- 
ing: 

That all persons resident in this State, bom in the 
United States, or naturalized, or who shall have legally 
declared their intention to become citizens of the United 
States, are hereby declared citizens of the State of Geor- 
gia, possessing equal, civil, and political rights and pub- 
lic privileges. 



JouKNAL Constitutional Convention 1867-68 403 

Mr. Campbell withdrew his substitute, and, on motion 
of Mr. Aierman, that of Mr. Bryant was laid on the table 
for the present, subject to the call of the mover, and two 
hundred copies thereof ordered to be printed for the use 
of the Convention. 

The third section was adopted without amendment. 

Mr. Conley moved to strike out all after the word 
"debt," in the fourth section. 

Mr. Clift proposed to amend the amendment of Mr. 
Conley by adding, after the word ''debt," in said fourth 
section, the words "except when the debtor resides be- 
yond the limits of the State, or is about to remove there- 
from. ' ' 

Pending action on said amendments, the Committee, 
on motion of Mr. Bryant, rose, and through their Chair- 
man reported the subject matter back to the Convention, 
with their action thereon. 

On motion of Mr. Campbell, the Rules were sus- 
pended, when he offered the following Resolution, which 
was taken up, read, and agreed to, to-wit : 

Resolved, That a copy of the Resolution introduced 
this day by the delegate from Chatham, Mr. Bradley, in 
relation to the jails of this State, and the discharge there- 
from of such persons as are held contrary to the Con- 
stitution of the United States, be transmitted to the G-en- 
eral commanding the District. 

The hour of adjournment having arrived, the Presi- 
dent declared the Convention adjourned until 10 o'clock 
a. m., to-morrow. 



404 Confederate Records 

Atlanta, Ga., Thursday, Jan. 16, 1868. 
The Convention met pursuant to adjournment. 
Prayer by the Chaplain. 
The Journal was read. 

Leave of absence was granted Messrs. Lott and Casey 
on account of sickness. Also, to Mr. Akerman, on 
special business. 

Mr. Higbee, from the Committee on Enrollment, 
made the following report : 

Mr. President: 

The Committee on Enrollment report that the follow- 
ing Ordinances and Resolutions have been duly enrolled 
and are ready for the signature of the President and the 
attestation of the Secretary, to-wit: 

A Resolution allowing representatives of the Press 
seats in the Convention. 

A Resolution to print three hundred copies of the 
Standing Conomittees. 

A Resolution for the appointment of a Committee to 
inquire into the powers of this Convention. 

A Resolution to allow proprietors and reporters of 
the press seats in the Convention. 

A Resolution appointing a Committee of seven to 
notify General Pope of the organization of the Conven- 
tion, and innate his attendance. 

A Resolution instructing the Secretary to transmit a 
copy of the proceedings of this body relative to the ap- 
pointment of a Provisional Governor. 



Journal Constitutional Convention 1867-68 405 

A recommendation to General Pope to appoint a Pro- 
visional Governor. 

A Eesolution inviting Generals Pope and Sibley, their 
staff officers; Colonel Hulbert and staff; Governors and 
ex-Governors, to seats on the floor of the Convention. 

A Eesolution tendering the thanks of the Convention 
to General Pope. 

A Resolution adding to the Committee on Relief 
Hons. C. H. Hopkins, Foster Blodgett, and N. P. Hotch- 
kiss. 

A Resolution appointing a Committee to receive and 
welcome General Pope. 

A Resolution of thanks to the General Government 
for Its magnanimity, generosity, and leniency toward the 
people of Georgia. 

A Resolution relative to the paying of the expenses 
of the Convention. 

Mr. Miller, from the Committee on the Militia, offered 
the following report, which was read: 

Mr. President : 

T^e Committee on Militia ask leave to report the 
following propositions— to be inserted in the Constitu- 
tion: 

ARTICLE — . 

MiLITLA.. 

Sec. 1. The Militia shall consist of all able-bodied 
male persons between the ages of eighteen and forty-five 



406 CONFEDEKATE EeCORDS 

years, except such as may be exempted by tlie laws of tbe 
United States or this State ; and shall be organized, offi- 
cered, armed, equipped, and trained in such manner as 
may be pro^dded by law, subject to the paramoimt au- 
thority of Congress over this subject. 

Sec. 2. Volunteer Companies of Cavalry, Infantry 
or Artillery may be formed in such manner, and with 
such restrictions as may be provided by law. 

Sec. 3. No person conscientiously opposed to bear- 
ing arms shall be compelled to do Militia duty, but such 
persons shall pay an equivalent for exemption; the 
amount to be prescribed by law and appropriated to the 
Common School Fund. 

H. V. M. Miller, Chairman. 

The Eule was suspended, on motion of Mr. Dunning, 
when he offered the following Resolution, which, on mo- 
tion, was taken up, read, and agreed to: 

Resolved, That the Chair appoint a Committee of five 
on Miscellaneous matters, pertaining to the Constitution. 

The President announced the following as the Com- 
mittee appointed under the foregoing, to-wit: Messrs. 
Dunning, Crane, Bigby, Rice and Holcombe, 

The Convention, on motion, went into Committee of 
the Whole (Mr. Conley in the Chair) on the report of the 
Committee on Bill of Eights, resuming the consideration 
of the fourth section thereof, with the proposed amend- 
ments of Mr. Conley and Mr. Clift. 

Mr. Clift asked permission to withdraw the amend- 
ment proposed by him, which was unanimously given. 



JOUEXAL CONSTITUTIOiSrAL CONVENTION" 1867-68 407 

The amendment of Mr. Conley was then adopted. 

The fourth section, as amended, reads: 

There shall be no imprisonment for debt. 

The same, as amended, was adopted. 

On motion of Mr. Bryant, the Committee rose, and 
through their Chairman reported the Bill of Rights back 
to the Convention with further progress, and asked leave 
to sit again ; which, on motion, was granted. 

The hour of adjournment having arrived, the Presi- 
dent declared the Convention adjourned until 10 o'clock 
a. m., to-morrow. 



Atlanta, Ga., Friday, Jan. 17, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

On motion of Mr. Miller, five hundred copies of the 
report of the Committee on Militia were ordered to be 
printed for the use of the Convention. 

On motion of Mr. Potts, the Rule was suspended, 
when he offered the following Resolution: 

Resolved, That this Convention do unanimously ten- 
der their thanks to General Meade, Military Commander 
of the Third Military District, for the course he is pursu- 
ing in regard to Reconstruction. 

Mr. Harris, of Newton, moved to lay the same on the 
table for the present. The motion was lost. 



408 CONFEDEKATE ReCOEDS 

On motion of Mr. Akerman, the words, "is pursu- 
ing" were stricken out, and the words ''has pursued'* 
inserted. 

The Eesolution, as amended, was adopted. 

Leave of absence was granted Messrs. Brown of 
Henry, Buchan, Bowden, Potts, Foster of Morgan, Bigby, 
Yeates, Harris of Chatham, and Crumley. 

The President laid before the Convention a communi- 
cation from William A. Haun to the Hon. H. H. Stark- 
weather. 

On motion of Mr. Bryant, the Convention went into 
Committee of the Whole (Mr. Conley in the Chair) on 
the report of the Committee on Bill of Eights. 

On motion of Mr. Parrott, the Committee adopted the 
Rules of the House of Representatives of the United 
States as applicable to the Committee of the Whole, ex- 
cept that portion which limits debate. 

The Committee resumed consideration of the Bill of 
Rights ; the fifth section thereof being first in order. 

Said section was adopted without amendment. 

The sixth section was, on motion of Mr. Bell, of Banks, 
amended by adding, after the word ''rebellion," the 
words "or invasion." 

The same, as amended, was adopted. 

Section seven was amended, on motion of Mr. Aker- 
man, by adding thereto the following : 

But the General Assembly shall have power to pre- 
scribe by law the manner in which arms may be borne by 
private persons. 



Journal, Constitutional Convention 1867-68 409 

The same, as amended, was adopted. 

On motion of Mr. Bryant, the Committee rose, and 
through their Chairman reported the Bill of Rights back 
to the Convention with further progress, and asked leave 
to sit again, which, on motion, was granted. 

Mr. Prince moved that, when the Convention adjourn, 
it adjourn until 10 o'clock Monday morning. The motion 
was lost. 

On motion of Mr. Bryant, the following Resolution, 
offered by Mr. Bell, of Banks, was taken up, and referred 
to the Committee on Corporations: 

Resolved, That there be incorporated in the Consti- 
tution a clause requiring the General Assembly to foster 
important works of internal improvement, and particu- 
larly the Air Line Railroad, by aid from the Treasury, 
or from the credit of the State. 

Mr. Harris, from the Committee on Printing, made 
the following report, which was taken up and read, to- 
wit: 

Mr. President : 

The Committee on Printing to whom was referred a 
Resolution directing the employment of three competent 
Reporters, to report the proceedings of this Conven- 
tion, and to provide for the publication of the same in 
one or more papers of Atlanta, and to furnish delegates 
with copies of the same, beg leave to report: That three 
Phonographic Reporters have been engaged from New 
York, and left that city for Atlanta on the 16th, and will, 
in all probability, commence their duties on Monday next. 
The Committee determined and recommend that the 



410 Confederate Eecords 

daily proceedings be published in the Atlanta New Era 
and Opinion, and that one copy of each paper be fur- 
nished each delegate during the session. 

The Committee would also report that the daily Job 
Printing of the Convention is ordered to be equally 
divided between the offices of the New Era and Opinion. 

Respectfully submitted, 

A. L. Harris, 
Chairman Committee on Printing. 

The foregoing report was taken up; but before any 
further action thereon, the hour of adjournment arrived, 
and the President declared the Convention adjourned 
until 10 o'clock a. m., tomorrow. 



Atlanta, Ga., Saturday, Jan. 18, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. Dr. Young. 

The Journal was read, and Mr. Richardson moved the 
reconsideration of so much thereof as relates to the action 
of the Convention on yesterday into going into Com- 
mittee of the Whole. 

On motion of Mr. Bedford the roll was called. 

A quorum was found present. 

Mr. Richardson was permitted to withdraw his 
motion to reconsider. 

Mr. Blount moved a suspension of the Rule for the 
purpose of offering a Resolution referring the report of 
Committee on Privileges and Elections in the case of J. 
R. Griffin and Isaac H. Anderson, to General Meade. 



Journal, Constitutional Convention 1867-68 411 

Mr. Trammell proposed to amend the motion of Mr. 
Blonnt by taking up the report and acting on it finally. 

The amendment was accepted. 

Mr. Bryant moved to amend by suspending the two 
first Rules in the Order of the Day. 

The same was lost, there not being two-thirds of the 
members present voting in the affirmative. 

The motion of Mr. Trammell was also lost for the 
same reason. 

The following communication from General Meade 
was laid before the Convention by the President : 

Headquartees Third Military District. 
(G-eorgia, Alabama, and Florida), 

Atlanta, Ga., Jan. 17, 1868. 

Hon. J. R. Parrott, President of the Constitutional Con- 
vention of the State of Georgia: 

Dear Sir: I have the honor to acknowledge the re- 
ceipt of a copy of a Resolution, adopted the 15th inst., by 
the Convention, of which you are President, requesting 
me to order the Treasurer of the State of Georgia to de- 
posit in the hands of Hon. N. L. Angier, the Disbursing 
Agent of the Convention, subject to its order, funds suffi- 
cient to pay all the expenses of the Convention. 

I have this day received information from the Treas- 
urer that there are no funds in the Treasury at Milledge- 
ville. I have also been recently informed that some of 
the public institutions of the State have been suffering 
on account of the non-payment of the appropriations for 



412 Confederate Eecords 

their support. Whether this failure of payment has been 
on account of the want of means in the State Treasury, 
or for other reasons, I am not at present advised. 

I shall use my best efforts to secure, Trithout delay, the 
means of paying the incidental expenses of the Conven- 
tion, and at least a portion of the per diem and mileage 
of the members. 

If I find, on investigation, that any funds which 
should be in the State Treasury have been placed be- 
yond my reach, I may deem it necessary to suspend, tem- 
porarily, the payment of a portion of the current salaries 
of all officers who receive their pay either from the State 
Treasury or the State Road. 

You will perceive, from the facts above stated, that 
it is out of my power, at present, to comply with the re- 
quest of the Convention, much as I desire to do so. In 
lieu of granting this authority, I respectfully request that 
the requisitions of your Disbursing Agent may be sent to 
me, for my approval, that I may see that such funds of 
the State as may become available, be properly distri- 
buted according to the public necessities. 

I am, sir, very respectfully, your obedient servant, 

George G. Meade, 

Major-General Commanding. 

Mr. Waddell moved a suspension of the Rule for the 
purpose of offering the Resolution offered by him, and 
withdrawn, previously, respecting the means of obtain- 
ing money to defray the expenses of the Convention. 

The motion to suspend did not prevail. 



JoTJENAL Constitutional Convention 1867-68 413 

Mr. Whitehead moved a suspension of the Eule, in 
order to introduce a Resolution for the appointment of 
a Committee to examine into and report upon the Comp- 
troller General and Treasurer's Books, at Milledgeville. 

The motion was lost. 

The unfinished business being the report of the Com- 
mittee on Printing relative to employing three Report- 
ers for the Convention, and for other purposes, was 
taken up, and, on motion of Mr. Bryant, laid on the table 
for the present. 

Mr. Bryant moved to suspend the Rule in order to 
take up the seventh Order of the Day. 

The motion was lost. 

On motion the Convention went into Committee of the 
"Whole on the report of the Committee on Bill of Rights. 

Mr. Conley in the Chair. 

Section eight being first in order, was, on motion of 
Mr. Miller, amended by striking out the word ''nor" and 
inserting in lieu thereof the word ''or." 

This section, as amended, was adopted. 

Section nine was adopted without amendment. 

The following, offered as a substitute for the tenth 
section, by Mr. Stanford, was adopted : 

In all criminal prosecutions the truth may be given in 
evidence, and the jury shall have the right to judge of 
tlie law and facts. 

Pending a motion to adopt the tenth section, as 
amended, the hour of adjournment arrived, and the 



414 Confederate Records 

Chairman of the Committee yielded the Chair to the 
President, who declared the Convention adjourned until 
10 o'clock a. m., Monday. 



Atlanta, Ga., Monday, January 20, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The roll was called, and a quorum found present. 

The Journal was read. 

T,he President laid before the Convention the follow- 
ing Order of General Meade, which was read : 

Headquarters Third Military District 

(Dep't. of Georgia, Alabama, and Florida), 

Atlanta, Ga., Jan. 16, 1868. 

General Orders, No. 11. 

I. Whereas, The Constitutional Convention of the 
State of Georgia, now in session in this City, adopted on 
the 12th day of December, 1867, the following Preamble 
and Ordinance: 

Whereas, The question of affording some relief to 
the people of Georgia, from the burden of indebtedness 
which is now oppressing them, is likely to be acted upon 
by this Convention at some future day; and, whereas, 
large amounts of property are now le\aed on and about to 
be sacrificed at Sheriff's sales; and, whereas, the debtors 
in such cases should be entitled to the benefits which 



Journal, Constitutional Convention 1867-68 415 

may be conferred on other debtors by the future action 
of this Convention. Therefore, 

Be it Ordained by the people of Georgia in Conven- 
tion assembled, and it is hereby Ordained by the author- 
ity of the same. That" from and after the passage of this 
Ordinance, all levies which have or may be made, under 
execution issued from any Court of this State, shall be 
suspended until this Convention shall have taken, or re- 
fused to take, final action upon the matter of relief; and 
that all sales, under execution, in violation of this Ordi- 
nance, shall be null and void, and of no effect. 

IT. Therefore, by virtue of the plenary powers 
vested by the Reconstruction Acts of Congress in the 
Commanding General of the Third Military District, and 
for the temporary relief of the people of G-eorgia, it is 
ordered, that said Ordinance shall, from this date, be 
deemed to have taken effect in said State, and shall con- 
tinue in full force and validity until said Convention 
shall have taken, or refused to take, final action upon th( 
matter of relief ; or until further orders from these Head- 
quarters: Provided, That this order shall not apply to 
executions issued or to be issued on judgments in favor 
of laborers or mechanics for services rendered since July 
21st, 1865, nor to executions for the collection of taxes. 

By order of Major-General Meade. 

R. C. Drum, 

Assistant Adjutant General. 

Mr. Conley, Chairman of the Committee of the Whole, 
resumed the Chair, when the Committee proceeded with 
the consideration of the Bill of Rights, the question of 
adopting the tenth section thereof being the first in order. 



416 Confederate Eecords 

On motion of Mr. Miller the substitute adopted in lieu 
of the tenth section, on Saturday, was stricken out. 

On motion of Mr. Bryant the blank was filled with 
the tenth section as reported by the Committee on Bill of 
Eights, which reads as follows : 

In all prosecutions or indictments for libels, the truth 
may be given in evidence, and the jury shall have the 
right to determine the law and the facts. 

The same was adopted. 

Section eleven was, on motion of Mr. Bradley, 
amended by striking out the words ' ' of public interest, ' ' 
and on motion of Mr. Blodgett by striking out the words 
"of legitimate cognizance," and adopted with said 
amendments. 

On motion of Mr. Ashburn the Committee rose, and 
through their Chairman reported the matter under con- 
sideration back to the Convention, with further progress, 
and asked leave to sit again, which, on motion was 
granted. 

Mr. Bryant moved a suspension of the Rule for the 
purpose, of taking up a Resolution of Mr. Ashburn, 
asking Congress to confer certain powers upon the Con- 
vention. 

The motion did not prevail. 

Mr. Ashburn gave notice that he would, on to-morrow, 
move to amend the twenty-third Rule, so as to provide 
that the Rule may be suspended by a majority of the 
members present. 

On motion of Mr. Martin, of Habersham, the Rule 



Journal Constitutional Convention 1867-68 417 

was suspended, when he offered the following, which was 
taken up, read, and agreed to : 

Resolved, by the Convention, That the proposition of 
Mr. Hopkins, to negotiate a loan of Forty Thousand Dol- 
lars from Northern capitalists, to defray the temporary 
expenses of this Convention, is cordially approved, and 
that the same should be carried into immediate effect by 
the Finance Committee. 

Mr. Ashburn moved a suspension of the Rule for the 
purpose of introducing a Preamble and Resolutions re- 
questing General Meade to restore property to defend- 
ants, and hold Sheriffs and all officials to account for 
their official acts, under an Ordinance passed by this Con- 
vention for temporary relief. 

The motion to suspend did not prevail. 

Mr. Bryant moved to suspend the Rule (Mr. Blount in 
the Chair), in order to take up a Resolution of Mr. Ash- 
bum, requesting Congress to confer on this Convention 
similar powers to those conferred on District Command- 
ers' in section second of the Supplemental Reconstruction 
Act, passed July 19, 1867, for which had been previously 
offered a substitute by Mr. T^rammell, an amendment by 
Mr. Akerman, and a substitute by Mr. Whiteley. 

The motion to suspend the Rule prevailed. 

Pending the question of adopting the substitute of 
Mr. Wliiteley, Mr. Parrott having the floor, the hour of 
adjournment arrived, and the President pro tern, de- 
clared the Convention adjourned until 10 o'clock a. m., 
to-morrow. 



418 Confederate Records 

Atlanta, Ga., Tuesday, Jan. 21, 1868. 
The Convention met pursuant to adjournment. 
Prayer by the Chaplain. 
The Journal was read. 

The unfinished business of yesterday was resumed, to- 
wit: the Resolution of Mr. Ashburn asking Congress to 
confer powers on the Convention similiar to those con- 
ferred on Militar}^ Commanders in the second section 
of the Supplemental Reconstruction Acts, and the sub- 
stitutes and amendment therefor, the first question in 
order being the adoption of the substitute offered by Mr. 
Whiteley. 

Mr. Conley called for the previous question, which 
was sustained. 

The main question was then put, to-wit: the question 
of adopting the substitute of Mr. Whiteley in lieu of the 
original by Mr. Ashburn. 

Upon this proposition the yeas and nays were re- 
quired to be recorded. 

Those who voted in the affirmative, are Messrs. 



Alexander, 




Brown, 


Bedford, 




Bracewell, 


Bentley, 




Bryson, 


Beaird, 




Carson, 


Baldwin, 




Catching, 


Bell of Oglethorpe, 


Casey, 


Bowden of 


Campbell, 


Caldwell, 


Bowers, 




Clift, 


Blodgett, 




Chambers, 


Blount, 




Cooper, 


Bryant, 




Costin, 



Journal Constitutional Convention 1867-68 419 



Cole, 


Martin of Habersham, 


Conley, 


McHan, 


Crane, 


McCay, 


Crawford, 


Minor, 


Crayton, 


Miller, 


Davis, 


Moore of White, 


Daley, 


Moore of Columbia, 


Dinkins, 


Noble, 


Dunning, 


Palmer, 


Dunnegan, 


Pope, 


Edwards, 


Powell, 


Ellington, 


Reynolds, 


Gilbert, 


Rice, 


Golden, 


Richardson, 


Guilford, 


Rozar, 


Harris of Newton, 


Roberts, 


Harrison of Hancock, 


Sikes, 


Higbee, 


Shields, 


Higden, 


Seeley, 


Hotcbkiss, 


Sherman, 


Holcombe, 


Smith of Charlton, 


Hopkins, 


Smith of Coweta, 


Howe, 


Stewart, Supple, 


Hudson, 


Stone, 


Jackson, 


Strickland, 


Joiner, 


Turner, 


Jones, 


Walton, 


Jordan, 


Wallace, 


Key, 


Whitaker, 


Linder, 


Whitehead of Burke, 


Lott, 


Whitehead of Butts, 


Lumpkin, 


VVhiteley, 


Madden, 


Williams, 


Maddox, 


Woodey, 


Maull, 


Wooten, 


Mathews, 


Yeates. 



420 



Confederate Eecords 



Those who voted in the negative, are Messrs. 



Adkins, 

Ashburn, 

Bell of Banks, 

Bradle}^, 

Burnett, 

Campbell, 

Cameron, 

Christian of Newton, 

Christian of Early, 

Chatters, 

Claiborne, 

Cobb of Houston, 

Dews, 

Flynn, 

Fort, 

Poster of Paulding, 

Gibson, 

Goodwin, 

Griffin, 



Harland, 

Harrison of Carroll, 

Houston, 

Hooks, 

Hutcheson, 

King, 

Knox, 

Lee, 

Martin of Carroll, 

Martin of Calhoun, 

Saulter. 

Smith of Thomas, 

Speer, 

Shumate, 

Stanford, 

Stanley, 

Trammell, 

T^awiek, 

Waddell. 



There are yeas 95 ; nays 38. So the substitute of Mr. 
Whiteley was adopted as a substitute for the original. 

The yeas and nays were demanded on the question 
of the final adoption of the foregoing substitute. 

Those who voted in the affirmative, are Messrs'. 



Adkins, 


Blodgett, 


Alexander, 


Blount, 


Anderson, 


Bryant, 


Ashburn, 


Brown, 


Bedford, 


Bracewell, 


Bentley, 


Bryson, 


Beaird, 


Campbell, 


Baldwin, 


Carson, 


Bell of Oglethorpe, 


Catching, 


Bowers, 


Casey, 



Journal Constitutional. Convention 1867-68 421 



Caldwell, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Conley, 

Crane, 

Crawford, 

Crayton, 

Davis, 

Daley, 

Dinkins, 

Dunning, 

Dunnegan, 

Edwards, 

Ellington, 

Gilbert, 

Golden, 

Guilford, 

Harris of Newton, 

Harrison of Hancock, 

Higbee, 

Higden, 

Hotchkiss, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Knox, 

Linder, 

Lumpkin, 

Madden, 

Maull, 



Mathews, 

Martin of Habersham, 

McHan, 

Minor, 

Moore of White, 

Moore of Columbia, 

Noble, 

Palmer, 

Pope, 

Potts, 

Foweil, 

EejTiolds, 

Rice, 

Richardson, 

Rozar, 

Roberts, 

Sikes, 

Shields, 

Seeley, 

Sherman, 

Smith of Charlton, 

Stewart, 

Supple, 

Stone, 

Strickland, 

Turner, 

Walton, 

Wallace, 

Whi taker, 

AVliitehead of Burke, 

Whitehead of Butts, 

Whiteley, 

Williams, 

Woodey, 

Yeates. 



422 



Confederate Records 



Those who voted in the negative, are Messrs. 



Bell of Banks, 

Bowden of Campbell, 

Bradley, 

Burnett, 

Cameron, 

Christian of Newton, 

Christian of Early, 

Cooper, 

Cole, 

Dews, 

Flynn, 

FoVt, 

Foster of Poulding, 

Gibson, 

Goodwin, 

Griffin, 

Harland, 

Harrison of Carroll, 

Houston, 

Hoi combe. 

Hooks, 

Howe, 

There are yeas 91; nays 
adopted, nnd is as follows, 



Hudson, 

Hutcheson, 

Key, 

King, 

Lee, 

Lott, 

Maddox, 

Martin of Carroll, 

Martin of Calhoun, 

McCay, 

Miller, 

Saulter, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shumate, 

Stanford, 

Stanley, 

Trammell, 

Trawick, 

Waddell, 

"Wooten. 

44. So the same was finally 
to-wit : 



Whereas, The Reconstruction Acts recognize the 
existence of a Government within the limits of Georgia, 
subject to the Military Commander of the District and 
the paramount authority of Congress, under which cer- 
tain officials hold office; and, whereas, the time for which 
said officials were elected, as set forth in the laws al- 
lowed to operate within said limits has expired, and 
said officials hold only by reason of a failure to provide 
their successors; and, whereas, a great many of said 
officials are hostile to, and are insiduously using their 



JouBNAL Constitutional Convention 1867-68 423 

influence against the restoration of Georgia to the Union, 
and by so doing are not only seriously retarding the 
work of Eeconstruction, but also materially affecting 
the prosperity of the State. Therefore, 

Resolved, That the Convention do hereby request the 
Legislative Department of the Government of the United 
States to authorize this body to declare vacant the Chief 
Executive office of the State, and to fill the same, as 
well as to provide for the removal, through the Chief 
Executive office of the State thus selected, of all persons 
who are hostile to Reconstruction, and the filling of such 
vacancies by said Executive. 

Resolved, That the Convention in justice to the 
friends of Eeconstruction, under the Eeconstruction Acts, 
do hereby request the Department aforesaid to relieve all 
such of existing disabilities, that they may be eligible to 
fill the vacancies thus created. 

Resolved, That the Convention do further request the 
modification of the Test Oath, so as to admit of all per- 
sons who have aided or abetted the late war against the 
United States holding office therein; 'provided, such per- 
sons heartily regret the past, and are earnestly attached 
to, and determined to labor for, the re-union of the States 
on the basis of the Eeconstruction Acts. 

Resolved, That a copy of the foregoing preamble and 
Resolutions be forwarded by the President of the Con- 
vention to the President of the United States, the Presi- 
dent of the Senate, and the Speaker of the House of 
Eepresentatives. 

Protest of Mr. Ashbxjrn. 

T,he undersigned desires to enter his protest against 



424 Confederate Records 

a portion of the Resolution adpoted on the 21st Inst., in 
relation to the establishment of a Civil Government for 
the State or Territory of Georgia. 

One of the Resolutions referred to asks the Congress 
of the United States to modify the Test Oath, so that 
certain persons whom it mentions as having participated 
in the late rebellion, may hold office under the Provis- 
ional Government which it is proposed to establish. 

To such modification, or any modification of said 
oath, the undersigned is unalterably opposed. 

The enemies of the Government have laid down their 
arms ; the ideas which animated them are still alive. The 
sword wielded by the Nation in the recent conflict estab- 
lished no principle ; it simply demonstrated a fact, name 
ly, that the Constitutional Government of the United 
States was more powerful than those who sought its 
overthrow. A war of ideas preceded the conflict of arms ; 
a war of ideas follows that conflict. It is the solemn duty 
of the Nation to prevent that strife ever again being 
transmitted to the field of battle, to deluge the land in 
blood and clothe its homes in mourning and woe. To 
prevent this, it must keep from place and power those 
who still hold to the pernicious ideas which brought on 
the war. For this purpose the Test Oath is an effective 
instrument; it furnishes, in some measure, that security 
for the future which it is the part of wisdom to demand. 
and which it would be the height of folly to neglect. 

I, therefore, respectfully but earnestly protest 
against so much of the action of this body, above referred 
to, as asks of Congress a modification of the Test Oath. 

G. W. ASHBURN. 



Journal Constitutional Convention 1867-68 425 

Mr. Biyant rose to a personal explanation of Ms 
vote on the final adoption of the foregoing Resolutions, 
stating that while in the main they received his sanction, 
he did not approve the sweeping provision for the remov- 
al of political disabilities. 

Mr. Campbell voted under a protest against the same 
feature in the Resolutions which was protested against 
by Mr. Ashburn. 

Mr. Higbee, from the Committee on Enrollment, made 
the following report: 

Mr. President: 

The Committee on Enrollment report that the follow- 
ing Ordinances, Resolutions, and Reports have been duly 
enrolled, and are now ready for the signature of the Pres- 
ident and the attestation of the Secretary, to-wit: 

A Resolution tendering to Major-General Meade and 
his staff officers seats on the floor of the Convention. 

A Resolution appointing a Committee to petition for 
the relief of certain persons in this State from political 
disabilities. 

A Resolution appointing a Sub-Committee to report 
the names of such persons in their Districts as are wor- 
thy of clemency. 

A Resolution to print one hundred and fifty copies of 
the Relief Ordinance, and to forward the same to the 
Sheriffs of the State. 

A Resolution appointing a Committee on Miscellan- 
eous Matter. 

A Resolution appointing a Committee to receive 
General Meade. 



426 Confederate Eecords 

A Resolution directing the Committee on Printing 
to employ three Reporters for the Convention, 

A Resolution requesting the Secretary to furnish Ma- 
jor-General Meade with a certified copy of a Resolution 
requesting a release of the prisoners unlawfully confined 
in this State. 

A Resolution requesting General Meade to release 
prisoners unlawfully confined in the State of Georgia. 

A Resolution of thanks to General Meade. 

Report of the Finance Committee. 

A Resolution requesting General Meade to order the 
Treasurer of Georgia to deposit funds in the hands of 
N. L. Angier to pay the expenses of the Convention. 

A Resolution authorizing the Committee on Privi- 
leges and Elections to employ Clerks. 

A Resolution adopting the Rules of the House of 
Representatives of the Congress of the United States, 
when in Committee of the Whole, for the government of 
the Convention, when in Committee of the Whole. 

A Resolution appointing a Committee of five on Mis- 
cellaneous Matters pertaining to the Constitution. 

A Resolution directing the Secretary to furnish Ma- 
jor-Gen. Meade, with a copy of the Ordinance granting 
temporary relief, and requesting his enforcement of the 
same. 

W. A. FOET. - 
Chairman Committee on Enrollment. 
Mr. Conley moved a suspension of the Rule for the 



Journal Constitutional Convention 1867-68 427 

introductioii of a Resolution providing for afternoon ses- 
sions. 

The motion did not prevail. 

Mr. Hopkins moved a suspension of the Rule for the 
purpose of taking up the report of the Committee on 
Relief, and making it the special order for a day certain. 

The motion to suspend the Rule prevailed. 

The report was taken up, and on motion of Mr. Bed- 
ford the same was made the special order for the first 
day of February next. 

Leave of absence was granted Messrs. Angier and 
Saffold on account of sickness, and to Mr. Shumate on 
account of special business. 

Mr. Turner moved to suspend the Rules for the intro- 
duction of a Resolution limiting members in debate. 

The motion did not prevail. 

On motion of Mr. Maull the Messenger was instructed 
to ventilate the Hall each day by opening the upper 
section of the windows. 

Mr. Richardson moved that the Convention go into 
Committee of the Whole on the report of the Committee 
on Bill of Rights. 

The motion was lost. 

On motion of Mr. Bryant the Convention adjourned 
until 10 o'clock a. m., to-morrow. 



Atlanta, Ga., Wednesday, Jan. 22, 1868. 
The Convention met pursuant to adjournment. 
Prayer by the Chaplain. 



428 Confederate Eecords 

The Journal was read, and, on motion of Mr. Ashbum, 
so much thereof was reconsidered as relates to the action 
of the Convention in making the report of the Committee 
on Relief the special order for the first day of February 
next. 

Mr. Campbell moved the reconsideration of so much 
of the Journal as relates to the action of the Convention 
in adopting the Preamble and Resolutions of Mr. White- 
ley, on the subject of reorganizing the State Government, 
the removal of political disabilities, and the modification 
of the Test Oath. 

On motion of Mr. Conley, the motion of Mr. Campbell 
to reconsider was laid on the table. 

Mr. Ashbum asked permission, which was granted, 
to enter on the Journal, of yesterday, a protest in regard 
to the adoption of Mr. Whiteley's Resolutions, and an 
explanation of his vote on that question. 

Mr. Caldwell rose to a question of privilege relative 
to certain reports of proceedings of the Convention pub- 
lished in the Atlanta Intelligencer, in which he declared 
he was misrepresented. 

Mr. Bradley rose to the question of privilege, and 
moved the expulsion of "Troup," an anonymous corres- 
pondent of the Atlanta Intelligencer, for calling this Con- 
vention a bogus Convention. 

Mr. Costin also rose to a question of privilege, calling 
attention to a report of proceedings, which he considered 
derogatory and unjust to members of the Convention. 

Mr. Bryant referred to reports, published in the New 
York Herald as unjust to the Convention, and moved the 



Journal Constitutional Convention 1867-68 429 

suspension of the Rule for the introduction of the follow- 
ing Resolution, to-wit : 

Resolved, That a Committee of five be appointed to 
investigate charges made against Reporters of the Press 
who have seats on the floor of this Convention, and that 
the Committee be instructed to report immediately. 

The Rule was suspended and the Resolution adopted. 

The President announced the following members as 
composing the Committee under the foregoing Resolu- 
tion, to-wit: Messrs. Bryant, Seeley, Edwards, White- 
head of Butts, and Waddell. 

Mr. Bradley rose to a question of privilege again, call- 
nig attention to an article signed "Troup," in the At- 
lanta Intelligencer of the 18th instant, in which he said 
he was grossly misrepresented (if it had reference to 
him), and which he desired to have referred to the Com- 
mittee appointed under the foregoing Resolution of Mr. 
Bryant. 

Pending action on the question of reference, Mr. Bur- 
nett offered the following, which, on motion, was taken 
up, read, and agreed to, to-wit : 

Whereas, In one of the journals of this city there re- 
cently appeared an article declaring that one Aaron A. 
Bradley was tried and convicted of a felony in the State 
of New York, and was sentenced to two years' imprison- 
ment in Sing Sing Penitentiary, of that State; and, 
whereas, there is in this Convention a delegate answering 
to the name of Aaron A. Bradley ; and, whereas, it is due 
alike to this Convention, as well as to the delegate, Aaron 
A. Bradley, that the fact of identity referred to be investi- 
gated. Therefore, be it 



430 Confederate Eecords 

Resolved, That the President of this Convention do 
appoint a Special Committee of seven to investigate the 
truth or falsity of the charges made in said publication, 
and report the result thereof at the earliest hour possible 
to this Convention. 

The President announced the following as the Com- 
mittee appointed under said Eesolution, to-wit: Messrs. 
Burnett, Bryant, Beaird, Costin, McCay, Miller and 
Whiteley. 

By request of Mr. Miller, the Convention excused him 
from serving on said Committee, and the President ap- 
pointed in his stead Mr. Cole. 

On motion of Mr. Ashbum, the report of the Com- 
mittee on Belief was made the special order for Monday 
next. 

Mr, Adkins moved a suspension of the Eule for the 
introduction of a Resolution restricting members in de- 
bate. 

The motion did not prevail. 

Mr. Conley moved to suspend the Rule for the intro- 
duction of a Resolution providing for afternoon sessions. 

The motion did not prevail. 

On motion of Mr. Bell, of Banks, the Rule was sus- 
pended, when he offered the following, which was taken 
up, read, and agreed to, to-wit: 

Whereas, The people of the Northeastern portion 
of the State are almost entirely deprived of mail facili- 
ties, and especially of any means of direct communication 
with Atlanta, one of the principal commercial cities of 
the State — 



Journal, Constitutional Convention 1867-68 431 

Resolved, That this Convention do recommend the re- 
establishment of the tri-vreekly mail route and line of 
hacks from Gainesville to Anderson Courthouse, by way 
of Homer, Carnesville and Hartwell. 

Resolved, That the Secretary immediately forward 
to the proper authority a copy of the above Resolution, 
with the request that the route be immediately estab- 
lished. 

Mr. Hopkins moved a suspension of the Rule for the 
purpose of introducing a Resolution requesting General 
Meade to move to this city the Executive Department, 
and as much of the archives of the State of Georgia as 
may be needed, and for other purposes. 

The motion did not prevail. 

On motion of Mr. Bryant, the Convention went iuto 
Committee of the whole (Mr. Conley in the Chair) on the 
report of the Committee on Bill of Rights. 

The twelfth section being first in order, was amended, 
on motion of Mr. Whiteley, by inserting "an" between 
the words ''with" and "offence," in the first line. 

The same, as amended, was adopted, and reads as fol- 
lows: 

Every person charged with an offence against the laws 
of the State shall have the privilege and benefit of coun- 
sel ; shall be furnished, on demand, with a copy of the ac- 
cusation and the list of the witnesses on whose testimony 
the charge against him is founded ; shall have compulsory 
process to obtain the attendance of his own witnesses; 
shall be confronted with the witnesses testifying against 
him, and shall have a public and speedy trial by an im- 
partial jury. 



432 (Confederate Records 

Section thirteen was adpoted without amendment. 

Section fourteen was amended, on motion of Mr. Mc- 
Cay, by striking out the word "but" and inserting the 
words **and no." Also, by inserting between the words 
"estate" and "during" the words "longer than." 

The same was adopted, as amended, and reads as fol- 
lows: 

No conviction shall work corruption of blood, and no 
conviction of treason shall work a general forfeiture of 
estate longer than during the life of the person attainted. 

Pending action on the fifteenth section, on motion of 
Mr. Ashburn, the Committee rose, and through their 
Chairman reported back the matter under consideration, 
with further progress, to the Convention, asking leave to 
sit again, wliich, on motion was granted. 

Mr. Caldwell rose to a question of privilege, stating 
that satisfactory information had reached him that the 
objectionable reports published in the Atlanta Intelligen- 
cer, to which he had this day referred, were not charge- 
able to the present Reporter of that paper. 

On motion of Mr. McCay, the Rule was suspended, 
when he offered the following Resolution, which was 
taken up, read, and agreed to, to-wit: 

Resolved, That a Committee of three be appointed to 
inform Hon. John Erskine, Judge of the U. S. District 
Court, who is now in this city, that the Convention has 
tendered him a seat on its floor, and to inform him that 
the Convention will be pleased with his presence at his 
convenience . 

The President announced Messrs. McCay, Crane and 



JouENAL Constitutional Convention 1867-68 433 

Marler as the Committee under the foregoing Eesolution. 

Leave of absence was granted Messrs. Gove and 
Chambers, on accoimt of sickness. 

The Convention, on motion, adjourned until 10 o'- 
clock a. m., to-morrow. 



Atlanta, Ga., Thursday, Jan. 23, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

Leave of absence was granted Mr. Saulter on account 
of public business. 

On motion of Mr. Whiteley, the Committee* went into 
Committee of the Whole (Mr. Conley in the Chair) on 
report of the Committee on Bill of Rights. The fifteenth 
section thereof being first in order, its consideration was 
resumed. 

Pending discussion of the same, on motion of Mr. Par- 
rott the Committee rose, and through their Chairman 
reported the matter under consideration back to the Con- 
vention, asking leave to sit again, which was granted. 

The hour of adjournment having arrived, the Presi- 
dent declared the Convention adjourned until 10 o'clock 
a. m., to-morrow. 



"Convention? 



434 Confederate Records 

Atlanta, Ga., Friday, January 24, 1868. 

The Convention met pursuant to adjournment. 
Prayer by the Chaplain. 
The Journal was read. 

Mr. HotchMss moved a suspension of the Rule for the 
purpose of introducting the following Resolutions, to-wit : 

Resolved, That hereafter, the hours of meeting and 
adjournment shall be 9 o'clock a.m., and 3 o'clock p. m. 

Resolved, That members addressing the Convention 
shall be confined strictly to the matter of debate. 

Upon this motion Mr. Hotchkiss required the yeas 
and nays to be recorded. 

Those who voted in the affirmative, are Messrs : 

AdMns, Caching, 

Alexander, Casey, 

Anderson, Caldwell, 

Ashbum, Clift, 

Bentley, Christian of Newton, 

Bell of Banks, Christian of Early, 

Bowden of Monroe, Chatters, 

Bowers, Cooper, 

Blount, Cobb of Madison, 

Bryant, Costin, 

Brown, Conley, 

Bracewell, Crane, 

Bryson, Crawford, 

Bradley, Crayton, 

Buchan, Crumley, 

Burnett, Davis, 

Campbell, Daley, 

Carson, Dews, 



JouENAL Constitutional Convention 1867-68 435 



Dinkins, 

Dunning, 

Dunnegan, 

Edwards, 

Ellington, 

Fields, 

Fort, 

Foster of Paulding, 

Gilbert, 

Grolden, 

Griffin, 

Guilford, 

Harland, 

Harris of Newton, 

Higbee, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hopkins, 

Howe, 

Hudson, 

Hutcheson, 

Jackson, 

Joiner, 

Jones, 

Key, 

King, 

Knox, 

Lee, 

Linder, 

Lott, 

Lumpkin, 

Madden, 

Maddox, 

Marler, 

Maull, 

Mathews, 



Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

McCay, 

Miller, 

Moore of White, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Potts, 

Powell, 

Prince, 

Reynolds, 

Rice, 

Richardson, 

Rozar, 

Roberts, 

Robertson, 

Sikes, 

Shields, 

Seeley, 

Sherman, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Stanford, 

Supple, 

Stanley, 

Stone, 

Strickland, 

Tramlmell, 

Trawick, 



436 Confederate Eecords 

Walton, Whiteley, 

Wallace, Williams, 

Waddell, Woodey, 

Welch, Wooten, 

Whi taker, Tradwick, 

Whitehead of Burke, Yeates. 

Those who voted in the negative, are Messrs. 

Bedford, Minor, 

Baldwin, Stewart, 

Bell of Oglethorpe, Turner, 

Cobb of Houston, Whitehead of Butts. 

There were yeas 123; nays 8. So the nile was sus- 
pended. 

The Resolution was taken up, and, on motion of Mr. 
Conley, the first was amended by inserting 9 1-2 o'clock 
in lieu of 9 o 'clock, and the second was stricken out. 

Mr. Bryant offered the following as a substitute for 
the foregoing, as amended, to-wit: 

Resolved, That the hours of meeting and adjournment 
be 10 o'clock a. m. and 1 o'clock p. m., and 3 o'clock p. m. 
and o'clock p. m. 

The same was not adopted. 

Mr. Bryant moved to strike out 3 o'clock. 

The motion did not prevail. 

The Resolution, as amended, was agreed to. 

Mr. Shropshire, from the Committee on Finance, 
made the following report: 

Mr. President : 

Your Committee has had under consideration the fin- 



Journal Constitutional Convention 1867-68 437 

ancial condition of the State, as far as tliey have had 
the means of ascertaining the amount now on hand, and 
beg leave to report, for the information of the Conven- 
tion, that there is now Ten Thousand Dollars at the dis- 
posal of the Convention ; Forty Thousand Dollars now in 
the process of collection by the several Tax Collectors 
of this State, a portion of which will probably be at 
the disposal of the Convention within six weeks. 

This information your Committee has received from 
the Commanding General, and is doubtless correct, and 
all that the Convention can rely upon before the collect- 
ion of the tax provided for in the Ordinance passed by 
the Convention. 

The foregoing report was, on motion, taken up. 

Mr. Waddel offered the following Resolution as an 
amendment to the report of the Finance Committee : 

Whereas, The provision made in the Acts of Con- 
gress, whereunder this Convention is called, for the pay- 
ment of the fees, salary, expense, and compensation of 
the Officers and Delegates to this Convention, only auth- 
orizes this Convention to provide for the levy and col- 
lection of such taxes on the property of the State as may 
be necessary therefor; and, whereas, the necessities of 
the officers and delegates to the Convention call for the 
payment of their dues at an earlier day than such col- 
lection of taxes can be made. Therefore, be it 

Resolved, That the Federal authorities be respect- 
fully requested to authorize such advance of money as 
may be necessary to defray the said expenses to be made 
to the Disbursing Officer of this Convention, for the 
purpose above indicated. 



438 



CONFEDEEATE RECORDS 



Mr. Bryant moved to lay the amendment of Mr. 
Waddell on the table. 

Upon this motion the yeas and nays were demanded. 
Those who voted in the affirmative, are Messrs. 



Adkins, 

Bentley, 

Baldwin, 

Bryant, 

Brown, 

Bradley, 

Clift, 

Cobb of Houston, 

Conley, 

Crumley, 

Dunning, 

Guilford, 

Harrison of Hancock, 

Jackson, 

Joiner, 

Lee, 

Mathews, 



Martin of Habersham, 

Moore of White, 

Murphy, 

Prince, 

Rice, 

Richardson, 

Sikes, 

Shields, 

Sherman, 

Shropshire, 

Shumate, 

Stone, 

Turner, 

Wallace, 

Welch, 

Whitehead of Burke, 

Woodey. 



Those who voted in the negative, are Messrs. 



Alexander, 

Anderson, 

Ashburn, 

Bedford, 

Beaird, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Bowers, 

Blount, 

Br ace well, 

Bryson, 



Buchan, 

Burnett, 

Campbell, 

Carson, 

Catching, 

Casey, 

Caldwell, 

Christian of Newton, 

Christian of Early, 

Chatters, 

Cooper, 

Cobb of Madison, 

Costin, 



Journal, Constitutional. Convention 1867-68 43'J 



Cole, 


Martin of Carroll, 


Crane, 


Martin of Calhoun, 


Crawford, 


McHan, 


Crayton, 


McCay, 


Davis, 


Minor, 


Daley, 


Miller, 


Dews, 


Moore of Columbia, 


Dinkins, 


Neal, 


Dunnegan, 


Noble, 


Edwards, 


Palmer, 


Fields, 


Pope, 


Flynn, 


Potts, 


Foster of Morgan, 


Powell, 


Foster of Paulding, 


Reynolds, 


Gilbert, 


Rozar, 


Griffin, 


Roberts, 


Harland, 


Robertson, 


Harris of Newton, 


Safeold, 


Higbee, 


Seeley, 


Higden, 


Smith of Charlton, 


Hotchkiss, 


Smith of Coweta, 


Houston, 


Smith of Thomas, 


Holcombe, 


Speer, 


Hopkins, 


Stewart, 


Howe, 


Stanford, 


Hudson, 


Supple, 


Hutcheson, 


Stanley, 


Jones, 


Trammell, 


Jordan, 


Trawick, 


Key, 


Walton, 


Knox, 


Waddell, 


Linder, 


Whitaker, 


Lott, 


Whitehead of Butts, 


Lumpkin, 


Whiteley, 


Madden, 


Williams, 


Maddox, 


Wooten, 


Marler, 
MauU, 


Yeates. 



440 Confederate Records 

There are yeas 34; nays 101. So the motion to lay 
on the table did not prevail. 

Mr. Bryant moved to refer said amendment to the 
Finance Committee. 

On this motion Mr. Whiteley called for the previous 
question, which was sustained. 

The main question was then put, and the motion to 
refer prevailed. 

On motion of Mr. Saffold, the report of the Finance 
Committee, under consideration, was referred back to 
that Committee. 

The Rule was suspended, on motion of Mr. Prince, 
when he offered the following Resolution, which was 
taken up, read, and agreed to, to-wit : 

Resolved, That Messrs. C. H. Hopkins, H. V. Miller, 
and Bengamin Conley be added to the Committee of 
Finance, and that said Committee be instructed to ascer- 
tain upon what terms a loan of Fifty Thousand Dollars 
to One Hundred Thousand Dollars can be obtained for 
the use of this Convention, and report to the Conven- 
tion at as early a day as possible. 

Mr. Christian, or Early, moved a suspension of the 
Rule for the introduction of a Resolution adjourning the 
Convention to a future day. 

The motion to suspend the Rule prevailed. 

Mr. Christian then moved to take up the Resolution. 

Mr. Bryant moved to lay the motion to take up on 
the table. 



Journal Constitutional Convention 1867-68 441 

The motion to lay on the table prevailed. 

Mr. Angier, Disbursing Agent of the Convention, 
made the following report: 

Atlanta, Ga., Jan. 24th, 1868. 

The Disbursing Agent of the Georgia Constitutional 
Convention begs leave to report to the Financial Com- 
mittee, that he has received from the State Treasurer 
the sum of Ten Thousand Dollars, which he holds, sub- 
ject to the order of the Convention in its application 
toward defraying the expenses of the same. 

N. L. Angier, 

Disbursing Agent. 

The report was taken up. 

Mr. Seeley moved that two thousand dollars of the 
amount mentioned in the report be appropriated to the 
incidental expenses of the Convention, and that the re- 
mainder, eight thousand dollars, be paid pro rata to 
the delegates. 

Mr. Whiteley moved to amend by requiring the pay- 
ment to be made pro rata, on account for mileage. 

Mr. Richardson moved the reference of the report 
to the Auditing Committee. 

On motion of Mr. Whiteley, the whole subject mat- 
ter was referred to a Special Committee of three, with 
instructions to report to-morrow morning. 

The President appointed as said Committee Messrs. 
Whiteley, Angier, and Conley. 



442 Confederate Records 

The Committee on Enrollment made tlie following 
report : 

Mr. President: 

The Committee on Enrollment report that the follow- 
ing Resolutions have been regularly enrolled, and are 
now ready for the signature of the President and the 
attestation of the Secretary, to-wit: 

A Resolution requiring the Secretary to furnish Ma- 
jor-General Meade with a certified copy of a Resolution 
requesting release of prisoners unlawfully confined in 
this State. 

A Resolution requesting General Meade to release 
prisoners unlawfully confined in the State of Georgia. 

A Resolution directing the Secretary to furnish Ma- 
jor-General Meade with a copy of the Ordinance grant- 
ing temporary relief, and requesting his enforcement 
of the same. 

Preamble and Resolutions in reference to the organ- 
ization of the State Government, the removal of disabil- 
ities, and the modification of the Test Oath. 

Also, a Resolution asking the proper authorities of 
the United States to furnish to the people of Northeast 
Georgia mail facilities. 

William A. Fort, 
Chairman of Committee. 

On motion of Mr. Turner the Rule was suspended, 
when he introduced a Resolution on the subject of Edu- 
cation. 



JouKNAL Constitutional, Convention 1867-68 443 

The same was read, and, on motion, referred to the 
Committee on Education. 

On motion of Mr. Ashbum, the Convention went 
into Committee of the Whole (Mr. Conley in the Chair) 
on the report of the Committee on Bill of Rights. 

Mr. Bryant offered the following as a substitute for 
the fifteenth section, as reported by the Committee, to- 
wit: 

Treason against the State of Georgia shall consist 
only in levying war against the State, or against the 
United States, or adhering to the enemies thereof, 
giving them aid and comfort. 

The same was adopted as a substitute. 

On motion of Mr. Miller, the substitute was amended 
by adding thereto, "And no person shall be convicted 
of treason except on the testimony of two witnesses to 
the same overt act, or his own confession in open Court." 

The fifteenth section, as amended, was adopted, and 
reads as follows: 

Treason against the State of Georgia shall consist 
only in levying war against the State, or against the 
United States, or adhering to the enemies thereof, giv- 
ing them aid and comfort; and no person shall be con- 
victed of treason except on the testimony of two witnes- 
ses to the same overt act, or his own confesselon in open 
Court. 

On motion of Mr. Parrot, the Committee rose, and 
through their Chairman reported the Bill of Rights back 
to the Convention, with further progress, asking leave 
to sit again, which, on motion, was granted. 



444 CONFEDEBATE KeCOBDS 

On motion of Mr. Bryant, the rule was suspended for 
the purpose of taking up from the table the motion of 
Mr. Campbell for the re-consideration of the action of 
the Convention, in passing the Eesolution of Mr. White- 
ley, relative to the reorganization of the State Govern- 
ment, the removal of political disabilities, and the mod- 
ification of the Test Oath. 

The Eule was suspended, the motion to reconsider 
taken up, and, on motion of Mr. Bryant, indefinitely 
postponed. 

On motion of Mr. Speer, the Convention adjourned 
until 9 1-2 o'clock a. m., to-morrow. 



Atlanta, Ga., Saturday, Jan. 25, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. Dr. Harlan. 

The Journal was read, and Mr. Prince moved the re- 
consideration of so much thereof as relates to the pas- 
sage of a Resolution, on yesterday, fixing the hour of 
meeting at 9 1-2 o'clock a. m., and the hour of adjourn- 
ment at 3 o'clock p. m. 

On motion of Mr. Cotting the motion to reconsider 
was indefinitely postponed. 

Mr. Whiteley, from the special Committee appointed 
to consider and report in regard to the funds in the 
hands of the Disbursing Ofiicer of the Convention, made 
the following report: 



Journal Constitutional Convention 1867-68 445 

Mr. President: 

Your Committee report that they have had under 
consideration the disbursement of the funds now in the 
hands of the Disbursing Officer of the Convention, and 
beg leave to recommend the passage of the following Ee- 
solution : 

Resolved, That the Disbursing Officer of the Conven- 
tion be, and he is hereby instructed, to pay each dele- 
gate and officer upon the order of the Auditing Commit- 
tee, the sum of fifty dollars, and that the amount on 
hand, after making said payments, be appropriated to 
the payment of incidental expenses. 

Richard H. Whiteley, 

B. Conley, 

N, L. Angier, 

Committee. 

On motion of Mr. Wliiteley the Convention went into 
Committee of the Whole (Mr. Conley in the Chair) on 
the report of the Committee on Bill of Rights. " 

The sixteenth section being first in order, was amend- 
ed, on motion of Mr. Whiteley, by adding thereto the 
following: ''Nor shall any person be abused in being 
arrested, whilst in arrest, or whilst in prison." 

The same as amended was adopted, and reads as fol- 
lows: 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted ; nor shall any person be abused on being arrested, 
whilst in arrest, or whilst in prison. 

Section seventeen was adopted without amendment. 



446 Confederate Records 

Section eighteen was adopted without amendment. 

Section nineteen was, on motion of Mr. Bryant, 
stricken out. 

Various propositions to fill the blank were made, and 
the same, were, on motion, passed over for the present. 

Section twenty was amended, on motion of Mr. White- 
ley, by striking out the word ''raised," and inserting 
in lieu thereof the word ''varied," the amendment being 
the correction of a typographical error. 

The section, as amended, was adopted. 

Pending discussion on section twenty-one, on motion 
of Mr. Whiteley the Committee rose, and through their 
Chairman reported the subject matter under consider- 
ation back to the Convention, with further progress, ask- 
ing leave to sit again, which was granted. 

Mr. Hopkins, from the Committee on Finance, made 
the following report, which was taken up and read : 

Mr. President: 

The Committee on Finance have the honor to report 
that they have had an intei*\dew with General Meade, 
and ask leave to say that the General has applied to 
General Grant for the loan of a sufficient amount of 
the funds sent by the State of Georgia to pay its indebt- 
edness to the Government on the Western & Atlantic 
Railroad, to defray all the expenses of the Convention, 
and that General Grant accepts the proposition so far 
as his power extends, and will answer definitely to-day, 
if possible. 

Should this proposition fail, he will direct Governor 



JouKNAi Constitutional Convention 1867-68 447 

Ruger immediately to ascertain upon what terms the 
money can be secured from parties in Savannah. 

The Committee further return their sincere acknow- 
ledgments to General Meade for his efforts to gratify 
all the reasonable requests of this Convention. 

Tlie Rules were, on motion, suspended, and Mr. Par- 
rott offered the following Resolution, which was taken 
up, read, and agreed to: 

Resolved, That the Convention approve the plan re- 
ported by the Committee on Finance for procuring funds 
to defray the expenses of the Convention. 

On motion of Mr. Whiteley the Convention adjourned 
until 9 1-2 o'clock a. m., Monday. 



Atlanta, Ga., Monday, Januaky 27, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

The special order of the day was taken up, to-wit: 
the report of the majority and minority of the Commit- 
tee on Relief. 

Mr. Harris, Chairman of said Committee, presented 
the following, which was received as a proviso to the 
majority report, to-wit: 

Provided, That the Legislature may give the Courts 
jurisdiction where the debt has originated from a trust, 
and the trust property is in the hands of the Trustee. 



448 



Confederate Records 



Mr. Akerman moved the adoption of the minority re- 
port as a substitute for the majority report. 

Mr. Holcombe moved that the Convention go into 
Committee of the Whole on the question of relief. 

Mr.Bryant moved to lay the subject-matter under con- 
sideration on the table for the present, and to print the 
amendment, offered and received this day, as an addi- 
tion to the majority report. 

This motion was withdrawn by the mover. 

The question recurring on the motion of Mr. Hol- 
combe to go into Committee of the Whole, the yeas and 
nays were required to be recorded thereon. 



Those who voted in the affinuative, are Messrs. 



Akerman, 

Andeson, 

Bell of Banks, 

Blodgett, 

Blount, 

Bryson, 

Bullock, 

Burnett, 

Caldwell, 

Christian of Early, 

Cole, 

Conley, 

Crane, 

Crawford, 

Dunning, 

Dunnegan, 

Fields, 

Flynn, 

Fort, 

Foster of Morgan, 



Foster of Paulding, 

Gibson, 

Gove, 

Griffin, 

Harrison of Carroll, 

Higbee, 

Houston, 

Holcombe, 

Hudson, 

Hutcheson, 

Lott, 

Maddox, 

Marler, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McCay, 

Miller, 

Moore of White, 



Journal Constitutional Convention 1867-68 449 



Neal, 

Rice, 

Saflfold, 

Sherman, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 



Stanford, 

Stanley, 

Trammell, 

Waddell, 

Whiteley, 

Woodey, 

Wooten, 

Yeates. 



Those who voted in the negative, are Messrs. 



Adkins, 

Alexander, 

Angier, 

Ashburn, 

Bedford, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowden of Campbell, 

Bowden of Monroe, 

Bowers, 

Bryant, 

Bradley, 

Buchan, 

Campbell, 

Carson, 

Catching, 

Casey, 

Clift, 

Chatters, 

Claiborne, 

Cobb of Houston, 

Cobb of Madison, 

Costin, 

Crayton, 

Crmnley, 

Cotting, 

Davis, 



Dinkins, 

Ellington, 

Gilbert, 

Goodwin, 

Golden, 

Guilford, 

Harland, 

Harris of Newton, 

Harrison of Hancock, 

Higden, 

Hotchkiss, 

Hopkins, 

Hooks, 

Jackson, 

Jones, 

Jordan, 

Key, 

Knox, 

Lee, 

Linder, 

Lumpkin, 

Madden, 

Maull, 

McHan, 

Minor, 

McWhorter, 

Moore of Columbia, 

Murphy, 



450 Confederate Recobds 

Noble, Shumate, 

Palmer, Supple, 

Potts, Stone, 

Powell, Strickland, 

Prince, Trawick, 

Reynolds, Turner, 

Richardson, Walton, 

Rozar, Wallace, 

Roberts, Welch, 

Robertson, Whitaker, 

Sikes, Whitehead of Burke, 

Shields, Whitehead of Butts, 

Seeley, Williams. 

Smith of Charlton, 

There are yeas 56 ; nays 83. So the mjotion to go into 
Committee of the Whole did not prevail. 

The question recurred on the motion of Mr. Akerman 
to adopt the minority report as a substitute for the re- 
port of the majority of the Committee on Relief. 

Pending discussion of the foregoing proposition, Mr. 
Akerman having the floor, the Convention, on motion of 
Mr. Miller, adjourned until 9 1-2 o'clock a. m., to- 
morrow. 



Atlanta, Ga., Tuesday, Jan. 28, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. i 

The Journal was read. 

Mr. Ashburn moved to suspend the Rule for the pur- 
pose of taking up and ordering to be printed the Resolu- 
tion offered by him, asking national aid for material 
purposes, and for other purposes. 



Journal Constitutional Convention 1867-68 451 

The motion to suspend the Rule was, on motion, laid 
on the table. 

Mr. Speer moved that the Rule be suspended for the 
purpose of enabling him to offer a Resolution, adding 
Messrs. Angier, Conley, and Gove to the Committee on 
Printing. 

) The motion to suspend the Rule did not prevail. 

Mr. Blount rose to a question of privilege, calling 
attention to a communication in the Journal and Messen- 
ger, published at Macon, Georgia, on the 23d instant, de- 
nouncing statements therein, in regard to himself and 
other members of the Convention, as infamously false. 

Mr. Higbee, from the Committee on Enrollment, made 
the following report, to-wit: i 

Mr. President : 

The Committee on Enrollment report the following 
Ordinances and Resolutions as regularly enrolled, and 
ready for the signature of the President and attestation 
of the Secretary, to-wit : 

A Resolution to elect a permanent President of the 
Convention. 

A Resolution requiring the Messenger to furnish 
water for the Convention. 

A Resolution requesting the Provisional Governor 
to furnish proceedings of the Convention of 1865. 

A Resolution appointing a Committee to draft Rules 
for the Convention. 

A Resolution to furnish Reporters of the Press with 
seats and desks. 



452 Confederate Records 

An Ordinance granting temporary relief to the people 
of Georgia. 

A Resolution that the President shall sign and the 
Secretary attest all Ordinances, Resolutions, etc., passed 
by the Convention. 

A R-esolution to furnish members with copies of Rules 
for the Government of the Convention. 

A Resolution authorizing the Secretary to furnish 
stationery and appoint clerks. 

A Resolution relative to the tax on cotton. 

A Resolution to shade the windows on the east side 
of the Hall. 

A Resolution regulating the meeting and adjourn- 
ment of the Convention. 

A Resolution tendering a seat to Hon. Joshua Hill, 
of the floor of the Convention. 

A Resolution that the Post Office address, etc., be 
printed with the Rules. 

A Resolution fixing the per diem and mileage of 
delegates and officers of the Convention. 

A Resolution tendering seats on the floor to T. J. 
Bowen, former Missionary to Central Africa, and to 
Hon. Judge Erskine. 

Rules of the Convention. 

Report of the Committee on Relief. 

Report of the Committee on Privileges and Elections. 

A Resolution approving the proposition of Mr. Hop- 
kins to negotiate a loan of Forty Thousand Dollars. 



Journal Constitutional Convention 1867-68 453 

A Eesolution to appoint a Committee of Five to in- 
vestigate the charges against Reporters of the Press, 
who have seats on the floor of the Convention. 

A Resolution appointing a Committee of Three to in- 
form Hon. John Erskine, Judge U. S. District Court, of 
his invitation to a seat within the Convention. 

A Resolution relating to charges preferred against 
Aaron A. Bradley, delegate to this Convention. 

Also, a Resolution asking the proper authorities of 
the United States to furnish the people of Northeast 
Georgia mail facilities. 

W. A. Fort, Chairman. 

The reconsideration of the unfinished business of yes- 
terday was resumed, to-wit: The majority and minority 
reports of the Committee on Relief; the pending question 
being the motion of Mr. Akerman, to adopt the minority 
report as a substitute for that of the majority. 

Mr. Harris moved to lay the proposed substitute on 
the table. ] 

Upon this motion Mr. Akerman required the yeas and 
nays to be recorded. 

Those who voted in the affirmative, are Messrs : 



Alexander, 




Bryant, 


Anderson, 




Brown, 


Ashburn, 




Bracewell, 


Bedford, 




Bradley, 


Beaird, 




Buchan, 


Bell of Oglethorpe, 


Bullock, 


Bowden of 


Campbell, 


Burnett, 


Bowden of Monroe, 


Campbell, 


Blodgett, 




Carson, 


Blount, 




Catching, 



454 



Confederate Records 



Casey, , 


Linder, 


Clift, 


Lumpkin, 


Christian of Newton, 


Maull, 


Chatters, 


McCay, 


Claiborne, 


McWhorter, 


Chambers, 


Murphy, 


Cobb of Houston, 


Noble, 


Costin, 


Palmer, 


Conley, 


Potts, 


Cray ton, 


Prince, 


Cotting, 


Reynolds, 


Davis, 


Rice, 


Dinkins, 


Richardson, 


Dunning, ' i 


Rozar, 


Edwards, 


Roberts, 


Fort, 


Robertson, 


Foster of Paulding, 


Sikes, 


Gilbert, 


Seeley, 


Goodwin, 


Sherman, 


Gove, 


Smith of Charlton, 


Golden, 


Smith of Coweta, 


Griffin, 


Smith of Thomas, 


Guilford, 


Speer, 


Harris of Newton, 


Shumate, 


Higden, 


Stewart, 


Hotchkiss, 


Supple, 


Hopkins, 


Stone, 


Hooks, 


Strickland, 


Howe, 


Trawick, 


Jackson, 


Walton, 


Jones, 


Welch, 


Key, 


Whitaker, 


Knox, 


Whitehead of Burke, 


Lee, 


Wooten, 


Those who voted in 


the negative, are Messrs : 


Adkins, 


Bell of Banks, 


j^ierman. 


Bowers, 


Angler, 


Bryson, 



Journal, Constitutional Convention 1867-68 455 



Cameron, 

Crane, 

Crawford, 

Duunegan, 

Ellington, 

Fields, 

Flynn, 

Harland, 

Harrison of Carroll, 

Higbee, 

Houston, 

Holcombe, 

Hudson, 

Hutclieson, 

Lott, 

Maddox, 

Marler, 

Mathews, 

There are yeas 88 
the table prevailed. 



M<3,rtin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

Miller, 

Moore of White, 

Neal, 

Saffold, 

Shields, 

Shropshire, 

Stanford, 

Stanley, 

Trammell, 

Turner, 

Wallace, 

Waddell, 

Williams, 

Woodey, 

nays 42. So the motion to lay on 



Mr. Conley offered the following Resolution, to-wit: 

Resolved, That the report of the Committee on Re- 
lief be referred back to said Committee for further con- 
sideration, and that the report made after such further 
consideration, shall be taken up and acted upon by this 
Convention, in its regular order, as the Committees on 
the several branches of the Constitution nam^d, and 
that the Hon. H. K. McCay be added to the Committee 
on Relief. 

Mr. Bryant called the previous question on the ques- 
tion of adopting the foregoing Resolution. 

Mr. Tramm«il rose to a point of order, assuming 
that the Resolution could only be entertained after a 
suspension of the Rule, by a vote of two-thirds ; that it 



456 Confederate Records 

was not a simple motion to refer, but a Resolution em- 
bracing several propositions. 

The point of order was sustained by the Chair. 

Mr. Conley proposed to withdraw the Resolution, 
which was objected to. 

Mr. Bryant called for a division of the question, and 
asked for a vote on the proposition to refer. 

M!r. Bryant called for the previous question. 

Mr. Trammell claimed the floor, and submitted, as a 
point of order, that the previous question could not be 
called, while he had the floor, on a point of order un- 
decided. \ 

The President decided that the point of order first 
made by Mr. Trammell was sustained, and that, when 
that decision was made, it was in order to divide the 
propositions embraced in the Resolution, and that the 
call of the previous question was in order. 

From this decision Mr. Trammell appealed, assuming 
that, before action could be taken upon any part of the 
Resolution, the Rules must be suspended. 

The decision of the President was sustained by the 
Convention, and the motion to refer prevailed. 

Mr. Conley moved a suspension of the Rule for the 
purpose of adding Mr. McCay to the Committee on 
Relief. 

Mr. Waddell proposed to amend by adding, also, Mx. 
Stanford to said Committee. 

Mr. Akerman offered to amend the motion and amend- 



JouRNAii Constitutional Convention 1867-68 457 



ment by requesting the Chair to appoint two additional 
members to the Committee on Relief. 

Mr. Bryant called the previous question on the mo- 
tion of Mr. Conley. I 

On the question of sustaining the previous question, 
the yeas and nays were required to be recorded. 

Those who voted in the affirmative, are Messrs. ; 



Alexander, \ 

Anderson, 

Bedford, 

Beaird, 

Bowden of Mbnroe, 

Blodgett, 

Bryant, 

Brown, 

Bullock, 

Burnett, 

Campbell, 

Carson, 

Casey, 

Christian of Newton, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Conley, 

Crayton, 

Cotting, 

Davis, 

Daley, 

Dinkins, 

Edwards, 

Fort, 

Gilbert, 

Goodwin, 



Gove, 

Golden, 

Harrison of Hancock, 

Higden, 

Hopkins, 

Howe, 

Jackson, 

Jones, ' 

Lee, 

Linder, 

Lumpkin, 

Maull, 

McCay, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Potts, 

Prince, 

Reynolds, 

Rice, 

Richardson, 

Rozar, 

Robertson, 

Sikes, 

Sherman, 

Smith of Charlton, 

Shumate, 

Stewart, 



458 



Confederate Records 



Supple, 

Stone, 

Strickland, 

Trawick, 

Wallace, 



Welch, 

Wliitaker, 

Whitehead of Burke, 

Williams, 

Wooten. 



Those who voted in the negative, are Messrs. : 



Adkins, 

Akerman, 

Angier, 

Bell of Banks, 

Bowden of Campbell, 

Bryson, 

Cameron, 

Clift, 

Crane, 

Crawford, 

Dunning, 

Dunnegan, 

Ellington, 

Fields, 

Foster of Paulding, 

Griffin, 

Guilford, 

Harland, 

Harris of Newton, 

Harrison of Carroll, 

Higbee, 

Houston, 

Holcombe, 

Hooks, 

Hudson, 

Hutcheson, 



Key, 

King, 

Knox, 

Lott, 

Maddox, 

Marler, 

Martin of Carroll, 

Martin of Calhoun, 

Mj&rtin of Habersham, 

McHan, 

Miller, 

McWhorter, 

Moore of White, 

Neal, 

Saffold, 

Shields, 

Seeley, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Stanford, 

Trammell, 

Waddell, 

Woodey, 

Yeates, 



There are yeas 68; nays 52. So the call for the pre- 
vious question was sustained. 

Mr. Conley then accepted the amendment of Mr. Ak- 
erman to his motion, and the same, as amended, prevailed. 



Journal Constitutional Convention 1867-68 459 

The President appointed Messrs. McCay and Stan- 
ford on the Committee on Relief. 

The Convention, on motion, adjourned until 9 1-2 
o'clock a. m., to-morrow. 



Atlanta, Ga., Wednesday, Jan. 29, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

Mr. Harris moved a suspension of the Rule for the 
purpose of taking up the report of the Committee on 
Relief. 

The motion prevailed, and the report was taken up, 
and reads as follows : 

Your Committee, to whom was referred the subject of 
Relief, beg leave to report the following: 

Whereas, by the late disastrous war the people of 
Georgia have lost over four hundred million dollars of 
taxable property, also a vast depreciation of real estate, 
and the total loss of four years' labor, thereby throwing 
into hopeless confusion the equitable relations of debtor 
and creditor ; and, whereas, the indebtedness of the State 
to her citizens has been repudiated, and her most solemn 
contracts violated and sanctioned and sustained by her 
ablest jurists, thereby leaving the people to bear as best 
they can, the increased burdens thus imposed ; and, where- 
as, the low price of cotton, the scarcity of money, the im- 
settled condition of the political affairs of the State, and 
the derangement and inefficiency of labor, render it im- 



460 Confederate Records 

possible for the debtor to make even partial payment; 
and, whereas, to undertake to force the payment of in- 
debtedness would only result in bankruptcy and utter 
ruin to the great masses, and concentrating into the hands 
of a few the little remaining from ruthless war; and, 
whereas, all or nearly all the indebtedness was based 
either directly or indirectly upon the property thus de- 
stroyed or depreciated, while the amount of indebtedness 
is held undiminished. Therefore, 

We, the people of Georgia, in Convention assembled, 
do solemnly Ordain, That from and after the passage of 
this Ordinance, no Court in this State shall have jurisdic- 
tion to hear or determine any suit, or render judgment in 
any case against any resident of this State, upon any 
contract or agreement made or entered into, or for any 
tort or injury committed prior to the first day of May, 
1865, or upon any contract or agreement made in re- 
newal of a debt existing prior to the first day of May, 
1865, nor shall any Court or ministerial officer of this 
State have jurisdiction or authority to enforce any judg- 
ment, execution, or decree, rendered or issued upon any 
contract or agreement or renewal thereof, or for any tort 
or injury committed prior to said first day of May, 1865. 
Also, the accompanying Resolution : 

Resolved, That the Committee on Judiciary be, and 
they are hereby instructed to insert in that part of the 
Constitution which defines the powers of the Judiciary of 
this iState, the following section : 

Section . 



No Court in this State shall have jurisdiction to hear 
or determine any suit, or render judgment in any case 
against any resident of this State, upon any contract or 



Journal Constitutional Convention 1867-68 461 

agreement, made or entered into, or for any tort or in- 
jury committed prior to the first day of May, 1865; or 
upon any contract made in renewal of a debt, existing 
prior to the first day of May, 1865 ; nor shall any Court 
or ministerial officer of this State have jurisdiction or 
authority to enforce any judgment, execution, or decree, 
rendered or issued upon any contract or agreement, or 
renewal thereof, or for any tort or injury committed 
prior to said first day of May, 1865, except in the follow- 
ing cases, in which the Courts and ministerial officers 
shall have jurisdiction and authority: 

I. Where the debt is for property sold, and not more 
than one-fourth of the purchase money has been paid, 
and the property still exists in the hands of the debtor, 
who refuses to deliver it back to the vendor, or it has been 
fraudulently disposed of by the debtor to avoid judg- 
ment. 

II. When the debt grows out of a trust, and the trust 
property is in the hands of a trustee, or it has been in- 
vested by him in other specific effects of value, now in his 
hands, or has been fraudulently disposed of by the trus- 
tee, who has valuable specific assets, arising from the dis- 
position of the trust property, which he converts to his 
own use. ' 

III. Where the debt is for property, which has been 
disposed of by the deibtor, who has specific proceeds 
thereof in his possession, or has fraudulently disposed of 
said proceeds to defeat the collection of the debt. 

IV. In all suits against corporations in their corpor- 
ate capacity, on bills, bonds, notes, mortgages, deposits 
and accounts; and in all contracts with mechanics and 
day laborers. 



462 Confederate Records 

V. In all cases where a defendant is about to remove, 
or is removing himself or his property beyond the limits 
of this State. 

VI. In all debts due to charitable or literary insti- 
tutions. 

^r[I. In all other cases where the Legislature shall 
hereafter by a vote of two-thirds of the members thereof, 
confer jurisdiction on any Court, created by this Con- 
stitution, or by Legislative enactment. 

Section . 



It shall be in the power of two-thirds of the General 
Assembly to assess and collect upon all debts, judgments, 
or causes of actions, when due, founded on any contract 
or wrong made, implied, or done before the first of 
May, 1865, in the hands of any one in his own right, or 
trustee, agent, or attorney of another, on or after the 
first of January, 1868, a tax of not exceeding twenty-five 
per cent, to be paid by the creditor on pain of the for- 
feiture of the debt, but chargeable by him, as to one- 
half thereof against the debtor, and collectable with the 
debt: Provided, That this tax shall not be collected if 
the debt or cause of action be abandoned or settled with- 
out legal process, or if in judgment, be settled without 
levy and sales; and, provided further, this tax shall not 
be levied so long as the Courts of this State shall not 
have jurisdiction of such debts or causes of action. 

II. That this Ordinance be, and hereby is, adopted 
as part of the Constitution of this State, and the Judi- 
ciary Committee are instructed to alter the several sec- 
tions of their report giving jurisdiction to the Courts so 
as to fail to give jurisdiction in the cases herein denied, 



Journal Constitutional Convention 1867-68 463 

and the Committee on Consolidation and Revision dis- 
tribute this Ordinance to its proper place in the Con- 
stitution. 

John Harris, Chairman. 
William L. Goodwin, 
C. H. Hopkins, 
R. B. Bullock, 

N. P. HOTOHKISS, 

W. H. Whitehead, 
W. W. Dews, 
H. K. McCay, 
Foster Blodgett, 

Committee on Relief. 

Mr. Saffold offered the following as a minority report 
from the Committee on Relief: 

1. Resolved), That Georgia is now, and has been since 
the ratification of the Constitution of the United States, a 
State of the American Union. 

Q. Resolved, That the Constitution of the United 
States is the Supreme Law of the Land, the Constitution 
of the State and the Laws and Ordinances of the State to 
the contrary not withstanding. 

|3. Resolved, That any Constitution of this State, or 
any Ordinance of this Convention, which impairs the obli- 
gation of any contract, or denies the right of the citizen 
to sue and enforce his rights therein, is a violation of the 
Constitution of the United States, in direct conflict with 
the Acts of Congress under which this Convention is as- 
sembled, and therefore null and void. 

Thomas P. Saffold, 
Amos T. Akerman. 



464 Confederate Records 

Mr. Stanford offered the following as a substitute for 
the majority and minority reports : 

Sec. 1. The people of Georgia, in Convention assem- 
bled, do Ordain, That the Courts of this State shall have 
authority to vacate and set aside all judgments, orders, 
or decrees rendered by them prior to the first day of 
May, 1865, upon either party, his or her agent or attorney, 
making an affidavit before any Judicial officer of this 
State that he or she has an equitable cause of complaint 
or defense. 

Sec. 2. Be it further Ordained, That it shall be com- 
petent for either party to the suit, upon any cause of 
action originating prior to the first day of May, 1865, 
upon the trial thereof, to give in evidence the considera- 
tion of the contract and the value thereof at any time, 
the intention of the parties as to the particular kind of 
currency in which the same was to have been paid, and 
the value thereof, and his or her responsibility to have 
paid the same at the time the contract was made, and his 
or her ability to pay the same now, and any and all facts 
tending to show good faith between the parties ; and the 
verdict of the jury and judgment of the Court shall be 
upon principles of equity and justice; provided, either 
party, upon his own motion, shall have the right to con- 
tinue his case for four terms only. 

iSec. 3. Be it further Ordained, That this Ordinance 
shall not apply to executions for costs, nor to rules against 
officers for money, nor to trust estates, where the trustee 
is in possession of the estate or its specific effects, nor to 
corporations in their corporate capacity, nor to cases 
where the defendant has absconded, or resides beyond 
the limits of this State. 



Journal Constitutional Convention 1867-68 465- 

Mr. Goodwin offered the following as a substitute 
for the original and proposed substitute of Mr. Stanford : 

Whereas, By the late disastrous war the people of 
Georgia have lost over four hundred million dollars of 
taxable property, also a vast depreciation of real estate, 
and the total loss of four years' labor, thereby throwing 
into hopeless confusion the equitable relations of debtor 
and creditor; and, whereas, the indebtedness of the State 
to her citizens has been repudiated, and her most solemn 
contracts violated, and sanctioned and sustained by her 
ablest jurists, thereby leaving the people to bear as best 
they can the increased burdens thus imposed ; and where- 
as, the low price of cotton, the scarcity of money, the un- 
settled condition of the political affairs of the State, and 
the derangement and inefficiency of labor, render it im- 
possible for the debtor to make even partial payment; 
and, whereas, to undertake to force the pajonent of in- 
debtedness would only result in bankruptcy and utter ruin 
of the great masses, and concentrating into the hands of 
a few the little remaining from ruthless war ; and, where- 
as, all or nearly all the indebtedness was based directly or 
indirectly upon the property thus destroyed or depreci- 
ated, while the amount of indebtedness is held undimin- 
ished. Therefore, 

We, the people of Georgia in Convention assembled, 
do solemnly Ordain, That from and after the passage of 
this Ordinance no Court in this State shall have juris- 
diction, at any time, to hear or determine, or render judg- 
ment against any citizen of this State, upon any contract 
or judgment made or entered into, or for any tort or in- 
jury committed prior to the first day of June, 1865 ; nor 
shall any Court or ministerial officer of this State ever 
have jurisdiction to enforce any judgment or execution, 



466 Confederate Records 

rendered or issued upon any contract or agreement, or 
for any tort or injury committed prior to said first day 
of June, 1865, Also the accompanying Resolution : 

Be it Resolved, That the Committee on Judiciary be, 
and they are hereby instructed, to insert in that part of 
the Constitution which defines the power of the Judiciary 
of this State, the following section : 

No Court in this State shall have jurisdiction, at any 
time, to hear or determine, or render judgment against 
any citizen of this State, upon any contract or judgment 
made or entered into, or for any tort or injury committed 
prior to the first day of June, 1865 ; nor shall any Court 
or ministerial officer of this State ever have jurisdiction 
to enforce any judgment or execution, rendered or issued 
upon any contract or agreement, or for any tort or injury 
made or committed prior to said first day of June, 1865. 

'Mr. Conley moved that the foregoing reports and sub- 
stitutes be printed for the use of the Convention, and that 
the same be made the special order for tomorrow. 

Mr. Bryant moved to amend the motion of Mr. Conley 
by making said subject-matter the special order for Fri- 
day next. ' 

Mr. Harris called for a division of the question. 

The vote was first taken on the motion to print, which 
prevailed. i 

The vote was then taken on the motion to make the 
whole subject-matter the special order for Friday next, 
which also prevailed. 

Mr. Blodgett moved a suspension of the Rule for the 
introduction of a Resolution limiting members in debate. 



Journal, Constitutional Convention 1867-68 467 

The motion to suspend the Rule did not prevail. 

Mr. Beaird rose to a privileged question, and dis- 
claimed any connection with a reported bargain in rela- 
tion to the vote on the question of relief. 

Mr. Richardson moved that the Convention take up 
the report of the Committee of the Whole on the Bill of 
Rights. 

Mr. Bryant proposed to amend the motion by going 
into Committee of the Whole on the Bill of Rights. 

The amendment was accepted, and the Convention 
went into Committee of the Whole on said subject. 

The twenty-first section being first in order, with pro- 
posed amendments, its consideration was resumed. 

On motion of Mr. Bryant the same was amended by 
adding after the word ''defense" the words "and for 
public improvements." 

On motion of Mr. Ashburn by inserting after the word 
"and" in the last line, the words "taxation on property." 

Pn motion of M^. Miller by adding the following at 
the end of the section: "And uniform on all species of 
property taxed. ' ' 

The same, as amended, was adopted, and is as follows : 

The power of taxation over the whole State shall be 
exercised by the General Assembly, only to raise revenue 
for the support of government, to pay the public debt, to 
provide a general school fund, for common defense, and 
for public improvements ; and taxation on property shall 
be ad valorem only, and uniform on all species of prop- 
erty taxed. 



468 Confederate Records 

The twenty-second section was adopted without 
amendment. 

Section twenty-three was, on motion of Mr. Crane, 
amended by adding after the section the following: "And 
such tax not to exceed one dollar." 

The same, as amended, was adopted, and reads as 
follows : 

There shall be no poll tax levied, except for education- 
al purposes, and such tax not to exceed one dollar. 

On motion of Mr. Akennan section twenty-four was 
amended by striking out all except the following, to-wit : 

The social status of the citizen shall never be the sub- 
ject of legislation. 

The section, as amended, was adopted, and reads as 
stated. I 

The following, by Mr. Stanford, was accepted by Mr. 
Akerman as an amendment to his motion, to consolidate 
that part of section twenty-four, which was stricken out, 
with sections twenty-five and twenty-six, to-wit : 

The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches 
and seizures, shall not be violated and no warrant shall 
issue but upon probable cause, supported by oath or 
affirmation, particularly describing the place or places 
to be searched, and the persons and things to be seized. 

The same was adopted as section twenty-five. 

Pending action on section twenty-six, which had been 
rendered blank by the adoption of the foregoing amend- 
ment, the Committee, on motion of Mr. Speer, rose, and 
through their Chairman reported the subject-matter 



Journal Constitutional Convention 1867-68 469 

under consideration back to the Convention, with further 
progress and ask leave to sit again, which, on motion, 
was granted. 

Mr. Blodgett gave notice that he would, in the morn- 
ing, move a reconsideration of the action of the Conven- 
tion, this day, in refusing to suspend the Eule for the in- 
troduction of a Resolution limiting members in debate, 
and that he should call for the yeas and nays on that 
motion. 

Leave of absence was, on motion of Mr. Speer, grant- 
ed Mr. Gilbert for two days ; and on motion of Mr. Hop- 
kins to Mr. Bentley for a few days, on special business. 

Mr. Bullock moved a suspension of the Rule for the 
introduction of the following Resolution : 

Resolved, That the President be, and he is hereby 
authorized to warrant the payment of such accounts and 
bills as the Auditing Committee may approve, not other- 
wise specially provided for by Ordinance or Resolution. 

The motion to suspend did not prevail. 

The following communication was received by the 
Secretary, to-wit : 

State of New York, 
Constitutional Convention. 

Albany, Jan. 24, 1868. 

P. M. SJieibley, Secretary/ Georgia Constitutional Con- 
vention : 

Dear Sir : In accordance with a Resolution, of which 
the enclosed is a copy, I have this day directed the docu- 
ments therein mentioned to be forwarded to your ad- 
dress. Very respectfully, 

Luther Caldwell, Secretary. 



470 CONFEDEKATE ReCOEDS 

State of New York, 
Constitutional, Convention. 

Albany, Jan. 24, 1868. 

Ordered, That the Secretary of this Convention send 
to the Secretary of the Constitutional Convention of the 
State of Georgia, a complete copy of the entire proceed- 
ings of this Convention — such copy to be taken from the 
number appropriated to the Assembly Library. 

Luther Caldwell, Secretary. 

;The Convention adjourned, on motion, until 9 1-2 
o'clock a. m., tomorrow. 



Atlanta, Gta., Thursday, Jan. 30, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The roll was called and a quorum found present. 

The Journal was read. 

Mr. Martin, of Habersham, moved a suspension of 
the Eule for the introduction of a Resolution memorial- 
izing Congress to loan to needy Southern planters thirty 
million dollars. 

The Rule was suspended, the Resolution taken up, 
read, and, on motion of Mr. Hotchkiss, referred to a 
Special Committee of Seven. 

On motion of Mr. Speer, leave of absence was granted 
Mr. Bigby, on account of sickness in his family. 

Mr. Turner moved the suspension of the Rule for the 



JouKNAL. Constitutional Convention 1867-68 471 

introduction of a Resolution on the subject of relief to 
the Banks of this State, with a view to its reference to 
the Committee on Relief. 

.The motion to suspend the Rule did not prevail. 

Mr. Foster Blodgett moved a suspension of the Rule 
for the purpose of introducing his Resolution, proposed 
on yesterday, relative to the limiting of members in 
debate. 

The Rule was suspended, the Resolution taken up, 
and is as follows : 

Mesolved, That no member of this Convention shall 
speak more than twice on any one question — ^twenty 
minutes on first speech, and ten minutes in his second 
speech, except upon permission granted by vote of the 
Convention, when the time may be extended to one hour 
and no longer. 

On the question of adopting the same, Mr. Blodgett 
called for the previous question, which was sustained. 

The main question was put, and the Resolution 
adopted. 

The President announced the following Committee 
under the Resolution of Mr. Martin, of Habersham, to- 
wit: Messrs. Philip, Martin, Seeley, Costin, Hotchkiss, 
Miller, Christian of Early, and Walton. 

On motion of Mr. Speer, the Rule was suspended, and 
a Resolution proposed by him on the 28th instant, re- 
questing the President to appoint on the Committee on 
Printing three additional members, to-wit: Messrs. An- 
gier, Conley, and Gove, taken up. 

,The same was, on motion of the mover, amended by 



472 Confederate Records 

striking out the names mentioned therein, and adopted 
as amended. 

The following order of General Meade, communicated 
to the President, was read: 

Headquarters Third Military District, 
(Dept. of Georgia, Alabama, and Florida.) 

Atlanta, Ga., Jan. 29, 1868. 

(Circular.) 

General Orders, Nos. 6, 11, and 18, current series, 
from these Headquarters, were issued to give legal effect 
temporarily, as therein specified, to the Ordinances, of 
which copies were inserted in said orders. Many in- 
quiries have been made, by letter and otherwise, to the 
Commanding General, as to the proper construction to be 
put upon said Ordinances, which he has neither the leis- 
ure, nor is it his province to answer. These Ordinances, 
as enforced by his orders, are to be deemed a part of the 
laws of the State in which they were respectively adopted, 
and construed and enforced by the Courts accordingly. 

By order of Major General Meade. 

R. C. Drum, 
Assistant Adjutant General. 

On motion of Mr. Blodgett, the Convention went into 
Committee of the Whole (Mr. Conley in the Chair) on 
the report of the Committee on Bill of Rights. 

Section twenty-six being first in order, was passed 
over for the present. 

Section twenty-seven was amended, on motion of Mr. 



JouKNAL Constitutional Convention 1867-68 473 

Crane, by striking out the word "first," and adding at 
the end thereof the words "by the applicant." 

'The same, as amended, was adopted, and is as fol- 
lows, to-wit: 

Private ways may be granted, upon just compensa- 
tion being paid by the applicant. 

(Section twenty-eight was adopted without amendment. 

Section twenty-nine was, on motion of Mr. Ashburn, 
stricken out. 

Section thirty was stricken out, on motion of Mr. 
Miller. 

Section thirty-one was adopted without amendment. 

Section thirty-two was amended, on motion of Mr. 
Crane, by adding at the end thereof the following, to-wit : 

And in case of the death of the father and mother, 
then for the use of the minor children. 

Amended, on motion of Mr. Richardson, by inserting 
after the word "execution," the following, to-wit: 

Except from the lien of laborers and mechanics, for 
services rendered. ' 

On motion of Mr. Hudson, by adding after the amend- 
ment of Mr. Crane, the words, "And the property of no 
woman shall be liable for the payment of her husband's 
debts." 

On motion of Mr. Akerman, the same was further 
amended by inserting after the word "except," in the 
adopted amendment of Mr. Richardson, the words "for 
taxes and." 

The section, with the foregoing amendments, was 
adopted, and reads as follows, to-wit: 



474 Confederate Records 

Laws shall be passed by the General Assembly to 
protect from sale, under execution, except for taxes and 
the lien of laborers and mechanics, for services rendered, 
a reasonable amount of property for each head of the 
family, for the use of his or her family ; and, in case of 
the death of the father and mother, then for the use of 
the minor children ; and the property of no woman shall 
be liable for the payment of her husband's debts. 

.'Section thirty-three adopted without amendment. 

Section thirty-four was amended, on motion of Mr. 
Akermian, by substituting therefor the following, to-wit: 

Whipping, as a punishment for crime, is prohibited. 

'The same, as amended, was adopted. 

Section thirty-five was postponed, on motion, until 
the remaining sections should be disposed of. 

Section thirty-six was, on motion of Mr. Parrott, 
amended by adopting therefor the following as a sub- 
stitute, to-wit: 

No person who, after the adoption of this Constitu- 
tion, shall engage in a duel, send or accept a challenge, 
or be aider or abettor to a duel, shall vote or hold office 
in this State; and every such person shall also be subject 
to such punishment as the law may provide. 

The same, as amended, was adopted. 

Pending discussion on section thirty-seven, Mr. Stan- 
ford having the floor, on motion of Mr. Waddell, the 
Committee rose, and through their Chairman reported 
the subject-matter under consideration back to the Con- 
vention, with further progress. 



Journal Constitutional Convention 1867-68 475 

The hour of adjournment having arrived, the Presi- 
dent declared the Convention adjourned until 9 1-2 
o'clock a. m., tomorrow. 



Atlanta, Ga., Friday, Jan. 31, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

On motion of ^i^. Speer the Rule was suspended, and 
the report of the Committee on Printing was taken up, 
read, and adopted, and is as follows, to-wit : 

Atlanta, Ga., Jan. 17th, 1868. 

Mr. President: 

The Committee on Printing, to whom was referred 
the Resolution directing the employment of three compe- 
tent Reporters, to report the proceedings of this Conven- 
tion, and to provide for publication of the same in one or 
more papers of Atlanta, and to furnish delegates with 
copies of the same, beg leave to report: That three Phon- 
ographic Reporters have been engaged from New York, 
and left that city for Atlanta on the 16th inst., and will, 
in all probability, commence their duties on Monday next. 

The Committee determined and recommend that the 
daily proceedings be pul>lished in the Atlanta Neiv Era 
and Opinion, and that one copy of each paper be fur- 
nished each delegate during the session. 

The Committee would also report that the daily Job 



476 CONFEDEEATE RECORDS 

Printing of the Convention is ordered to be equally- 
divided between the offices of the New Era and Opinion. 

A. L. Harris, 

Chairman Committee on Printing. 

The reports on the subject of relief being the special 
order for this day, were taken up. 

On motion of Mr. Prince the same were laid on the 
table. 

Leave of absence was granted Mr. Marler, on impor- 
tant business, and to Messrs. Bell, of Oglethorpe, and 
Foster, of Morgan, on account of sickness in their 
families. 

On motion of Mr. Richardson the Convention went 
into Committee of the Whole (Mr. Conley in the Chair) 
on the report of the Comtnittee on Bill of Rights. 

iSection thirty-seven was first in order, and was adopt- 
ed without amendment. 

Section second was, on motion of Mr. Bryant, taken 
up, for which he had previously offered the following : 

That all persons, resident in this State, born in the 
United States, or naturalized, or who shall have legally 
declared their intention to become citizens of the United 
States, are hereby declared citizens of the State of 
Georgia, possessing equal civil and political rights and 
public privileges. . ! 

Mr. Bradley offered the following as a substitute for 
the foregoing, which was accepted by Mr. Bryant, and 
adopted by the Committee as the second section, to-wit: 

All persons born or naturalized in the United States, 



Journal. Constitutional Convention 1867-68 477 

and resident in this State, are hereby declared citizens 
of this State, and no law shall be made or enforced which 
shall abridge the privileges or immunities of citizens of 
the United States or of this State, nor deny to any per- 
son within its jurisdiction the equal protection of its laws. 

Section thirty-five was, on motion of Mr. Whiteley, 
amended by striking out the word ''hereafter," and 
adopted as amended, and reads as follows: 

No Lottery shall be authorized, or sale of Lottery 
Tickets in this State. 

On motion of Mr. Prince the Committee rose, and 
through their Chairman reported the Bill of Rights back 
to the Convention, with amendments, and asked to be 
discharged from further consideration of the same. 

On motion of Mr. Bryant the report was received, the 
Committee of the Whole discharged from its further 
consideration, the report laid on the table for the pres- 
ent, and three hundred copies thereof ordered to be 
printed for the use of the Convention. 

Leave of absence was granted Mr. Shields on account 
of sickness, Mr. Hopkins on account of urgent business, 
and to Mr. Cotting on account of death in his family. 

Leave of absence was also granted Messrs. Foster, of 
Paulding, Hairrison, of Carroll, Griffin, Adkins, Hol- 
combe and Yeates. 

On motion of Mr. Prince the second reports of the 
majority and minority of the Committee on Relief, and 
substitutes offered therefor, were taken up. 

Mr. Bullock moved to lay on the table the substitute 
offered by Mr. Goodwin for the whole subject-matter, 
which substitute was the first majority report of the 



478 Confederate Records 

Committee on Relief, without amendment; and gave 
notice that if his motion was sustained he would offer a 
substitute, which was read. 

The motion prevailed. 

Mr. Foster, of Morgan, moved to postpone indefinitely 
the second majority and minority reports on the subject 
of relief, and the substitute therefor offered by Mr. 
Stanford. 

Pending discussion of the foregoing motion, the Con- 
vention adjourned, on motion of Mr. Conley, until 9 1-2 
o'clock a. m., tomorrow. 



Atlanta, Ga., Saturday, Feb. 1, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

[The Journal was read. 

Mr. Martin of Habersham, from the Special Commit- 
tee to whom was referred his Resolutions relative to a 
loan of the United States to assist the needy planters of 
the South, made the following report: 

Mr. President : 

The Special Committee to whom was referred the 
Preamble and Resolutions petitioning Congress for a 
loan, etc., have had the same under consideration, and 
recommend their adoption, as amended. 

Philip Martin, 0. H. Walton, 

Isaac Seeley, N. P. Hotchkiss, 

John T. Costin, H. K. McCay. 

H. H. Christian, 



Journal Constitutional Convention 1867-68 479 



iT,he Rule was suspended, on motion, and the report 
and Resolutions taken up. 

The previous question was called and sustained on 
the question of adopting the same. 

The main question was then put, and the yeas and 
nays demanded thereon. 

Those who voted in the affirmative, are Messrs. : 



Adkins, 

Akerman, 

Anderson, I 

Angier, 

Ashburn, 

Bedford, 

Beaird, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Blodgett, 

Blount, 

Bryant, 

Brown, 

Bracewell, 

Buchan, 

Bullock, 

Burnett, 

Campbell, 

Carson, 

Cameron, 

Catching, 

Casey, 

Caldwell, 

Clift, 

Christian of Newton, 

Christian of Early, 

Chatters, 

Claiborne, 



Chambers, 

Cooper, 

Cobb of Houston, 

Cobb of Madison, 

Costin, 

Cole, 

Crane, 

Crawford, 

Crayton, 

Davis 

Daley, 

Dinkins, 

Dunnegan, 

Edwards, 

Ellington, 

Fields, 

Fort, 

Foster of Morgan, 

Poster of Paulding, 

Gilbert, 

Goodwin, 

Golden, 

Harris of Newton. 

Higbee, 

Higden, 

Holcombe, 

Hotchkiss, 

Howe, 

Hudson, 



480 



Confederate Records 



Hutcheson, 

Jordan, 

Key, 

King, 

Knox, 

Lee, 

Linder, 

Lott, 

Lumpkin, 

Madden, 

Maddox, 

Marler, 

Maull, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

MeHan, 

MeWhorter, 

Moore of White, 

Noble, 

Palmer, 

Potts, 

Powell, 

Eeynolds, 

Rice, 

Rozar, 



Roberts, 

Saffold, 

Seeley, 

Sherman, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Stewart, 

Stanford, 

Supple, 

Stanley, 

Trammell, 

Trawick, 

Turner, 

Walton, 

Waddell, 

Welch, 

Whitaker, 

Wliitehead of Burke, 

Whiteley, 

Woodey, 

Wooten, 

Yeates, 



Those who voted in the negative, are Messrs. 



Alexander, 

Bryson, 

Crumley, 

Dunning, 

Harland, 

Harrison of Carroll, 

Harrison of Hancock, 



Moore of Columbia, 

Pope, 

Richardson, 

Robertson, 

Sikes, 

Stone. 



There are yeas, 111 ; nays, 13. So the Resolutions, as 



Journal Constitutional Convention 1867-68 481 

reported by the Committee, were adopted, and are as 
follows : 

The Constitutional Convention of the State of G^eor- 
gia presents to the Congress of the United States the 
following considerations : * 

A loan by the United States Government to the im- 
poverished Planters of the South of a reasonable amount 
of United States currency for agricultural puri^oses, 
properly guarded by mortgages, and equitably distrib- 
uted among the most needy, would be of incalculable 
advantage to the whole country. 

Such a loan would restore the productions of the 
South, and give a market for the goods of the North and 
the produce of the West. It would, at once, energise the 
South in an honorable attempt to compete with England, 
our rival in cotton raising, and return with interest a 
full payment for all her zeal in fostering our late troub- 
les, in order that she might establish her selfish policy 
of producing cotton in the State to the injury of our 
Cotton States, and thereby take commanding control of 
what has been the great source of our commercial pros- 
perity as a people. 

Mortgages on real estate can be taken of twice the 
value of money loaned. No man need borrow more than 
two-thirds of what he can give good assurances will be 
the value of his coming crop. 

The people of the South need relief. Almost de- 
stroyed by the great conflict just over. Providence, so far, 
has not smiled upon the Southern Planter. 

In 1866 there was a short crop, from drouth and other 
causes. In 1867 Planters planted hoping to realize from 
25 to 30 cents per pound. By the decline in market cotton 



482 Confederate Records 

planters have failed to realize the cost of production, 
and are, to an alarming extent, now comparatively help- 
less for the coming crop. In proportion as the cotton 
planter is enabled to plant for a large amount of cotton, 
will the freemen necessarily suffer. The extent of suf- 
fering among the freedmen, unless Southern Planters are 
fostered by the Grovernment, will be appalling to the 
Christian heart. The "nation's wards" cannot be better 
cared for than by thus providing for them remunerative 
labor upon that staple with the production of which they 
are already familiar, and which yields to them the great- 
est reward for that service which they are best fitted by 
their raising to perform. 

A liberal loan by Congress, as indicated, would do 
much to stimulate, national fraternity. In view of the 
foregoing, be it, therefore, 

Resolved, That the Congress of the United States be 
respectfully petitioned to appropriate thirty millions of 
United States currency, to be loaned under proper regu- 
lations, to aid in developing the agricultural interests of 
needy Southern Planters. 

Resolved, That copies of the foregoing Preamble and 
Resolution be transmitted to the President of the Senate 
and Speaker of the House of Representatives of the 
United States, with the request that they be laid before 
those bodies, and that copies be also transmitted to the 
Presidents of the Constitutional Conventions in the 
Southern States, and that we invite the co-operation of 
such Conventions in this application to Congress. 

The Convention resumed the consideration of the un- 
finished business of yesterday, to-wit: the second ma- 
jority and minority reports of the Committee on Relief, 



Journal, Constitutional Convention 1867-68 483 

and the substitute therefor by Mr. Stanford, the pending 
question at the time of last adjournment being the motion 
for the indefinite postponement of the foregoing subject- 
matter. ) 

The yeas and nays were demanded thereon. 
iThose who voted in the affirmative, are Messrs. : 



Akerman, 


King, 


Baldwin, 


Knox, 


Bell of Banks, 


Lott, 


Bryson, 


Maddox, 


Cameron, 


Marler, 


Christian of Early, 


Mathews, 


Cole, 


Martin of Carroll, 


Crane, 


Martin of Calhoun, 


Crawford, 


Martin of Habersham, 


Crumley, 


McHan, 


Dunning, 


M^'oore of White, 


Dunnegan, 


Saffold, 


Ellington, 


Smith of Thomas, 


Melds, 


Shropshire, 


Foster of Morgan, 


Stanford, 


Harrison of Carroll, 


Stanley, 


Higden, 


Woodey, 


Hudson, 


Yeates, 


Hutcheson, 




Those who voted in 


the negative, are Messrs. : 


Adkins, 


Blount, 


Alexander, 


Bryant, 


Anderson, 


Brown, 


Ashbum, 


Bradley, 


Bedford, 


■ Bullock, 


Beaird, 


Burnett, 


Bowden of Campbell, 


Carson, 


Bowden of Monroe, 


Catching, 


Blodgett, 


Casey, 



484 



Confederate Records 



Caldwell, 

Clift, 

Christian of Newton, 

Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Cobb of Houston, 

Costin, 

Crayton, 

Davis, 

Daley, 

Dinkins, 

Fort, 

Foster of Paulding, 

Gilbert, 

Groodwin, 

Golden, 

Harland, 

Harris of Newton, 

Harrison of Hancock, 

Higbee, 

Hotchkiss, 

Jones, 

Jordan, 

Key, 

Lee, 

Linder, 

Lumpkin, 

Madden, 



Maull, 

McCay, 

McWhorter, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Potts, 

Reynolds, 

Richardson, 

Rozar, 

Roberts, 

Robertson, 

Sikes, 

Seeley, 

Smith of Charlton, 

Smith of Coweta, 

Speer, 

Shumate, 

Stewart, 

Stone, 

Strickland, 

Trammell, 

Turner, 

Walton, 

Welch, 

Whitaker, 

Whitehead of Burke, 

Wooten. 



There are yeas 37; nays 78. So the motion to post- 
pone indefinitely did not prevail. 

Mr. Higbee, from the Committee on Enrollment, made 
the following report: 

Mr. President: 

The Committee on Enrollment report that the follow- 



Journal, Constitutional Convention 1867-68 485 

ing Preamble and Resolutions have been regularly en- 
rolled, and are now ready for the signature of the Presi- 
dent and the attestation of the Secretary, to-wit : 

A Preamble and Resolution asking in behalf of 
needy Southern Planters a loan of thirty million dollars 
from the United States Government. 

Mr. Trammell offered the following as a substitute 
for the matter under consideration on the subject of re- 
lief, to-wit: 

iNo Court in this State shall have jurisdiction of any 
contract or agreement made prior to the first day of 
June, 1865, or of any wrong or injury committed prior to 
said date; nor shall any ministerial officer have juris- 
diction to enforce any judgment or execution, rendered 
upon any such contract or agreement, or for dairiages on 
account of any such wrong or injury. And in case any 
suit shall be brought, or pending, upon any such supposed 
cause of action against any inhabitant of this State, it 
shall be dismissed by the Courts upon a plea to the juris- 
diction filed by the defendant, and upon proof that the 
cause of action originated prior to June 1st, 1865. 

Provided, That no such plea shall be sustained by 
the Court if the plaintiff or plaintiffs shall, by proof, es- 
tablish that, prior to the commencement of said suit he, 
personally, or by attorney or agent, proposed to the de- 
fendant or defendants to submit the matter in contro- 
versy between them to the decision of arbitrators, chosen 
equally by both parties, with an umpire chosen by the 
arbitrators, upon principles of natural equity, taking into 
account the losses of the respective parties by the calam- 
ities of the war, and all other grounds which, in the opin- 
ion of the arbitrators, may in good conscience bear upon 



486 Confederate Records 

the merits of the case; and that the award of the arbi- 
trators, be made the judgment of the proper Court, 
which the defendant or defendants refused to do, within 
one month after said proposition. And in case of judg- 
ment or execution, heretofore rendered, the proper offi- 
cer may proceed with the collection, upon proof to the 
satisfaction of the Court that the plaintiff or plaintiffs 
have submitted, and the defendant or defendants have 
rejected a like proposition to refer the matter between 
them to arbitrament and award as aforesaid, and not 
otherwise. 

And provided further, That no such plea to the juris- 
diction shall be sustained where the defendant resides 
beyond the limits of this State, or is actually removing 
or about to remove his person or property without the 
limits of this State, or any County thereof. 

And provided further, That the lien of a judgment 
now in existence shall not be lost by said arbitration, 
but a new execution shall be issued by the Clerk, and 
shall proceed after one year from the date of such award, 
for the collection of the amount of such award. Thie 
right of set off shall exist as heretofore. 

Pending discussion thereon, the Convention ad- 
journed until 9 1-2 o'clock a. m., Monday. 



Atlanta, Ga., Monday, Feb. 3, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

The President laid before the Convention the follow- 
ing Order of General Meade, which was read : 



Journal, Constitutionai. Convention 1867-68 487 

He.u)quarters Third Military District, 
(Dept. of Georgia, Alabama, and Florida), 

Atlanta, Ga., Feb. 1, 1868. 

General Orders No. 22. 

Numerous applications having been made to the 
Major-General Commanding, relative to the provisions 
and execution of General Orders No. 49, series of 1867, 
from these Headquarters, and being satisfied from re- 
ports and representations that in some instances the op- 
erations of the Order have proved embarrassing and of 
an effect not designed when it was issued — the intention 
having been to prevent, by prompt and energetic action, 
the use of official patronage to obstruct, hinder, and de- 
lay Reoonstruction under the Acts of Congress — he 
therefore directs that the aforesaid Order be modified 
to read as follows : 

I. The giving of all advertisements, and other offi- 
cial publications, heretofore or hereafter to be provided 
for by State or Municipal Laws or Ordinances, by the 
civil officers whose duty it is to cause such publications 
to be made, is prohibited to such newspapers, and such 
only, as attempt to obstruct in any manner the civil offi- 
cers appointed by the military officers in this District in 
the discharge of their duties by threats of violence, of 
prosecution, or other penalty, as soon as the military 
protection is withdrawn, for acts performed in their offi- 
cial capacity. 

II. If in any of the counties in either of the States 
in this District there be but one newspaper published, 
civil officers whose duty it is to advertise in accordance 
with law, are authorized to advertise in said paper, re- 
gardless of the provisions of Paragraph I of this Order. 



488 Confederate Records 

III. All officers in this Military District, whether 
military or civil, and all Boards of Registration, or other 
persons in the employment of the United States mider 
military jurisdiction, are directed to give prompt atten- 
tion to the enforcement of this Order. Opposition to Re- 
construction, when conducted in a legitimate manner, is 
not to be considered an offence ; but will be so considered 
when accompanied by violent and incendiary articles 
threatening the preservation of the peace, or by attempts 
to obstruct civil officers as indicated in Paragraph I of 
this Order. Should any civil officer violate the provisions 
of this Order, the case will be promptly reported to these 
Headquarters. 

IV. This Order is not to be construed as affecting 
advertisements being published at the date of the Order, 
or prior to its receipt by the civil officer who is affected 
thereby. 

By order of Major-Greneral Meade. 

R. G. Drum, 

Assistant Adjutant General. 

Leave of absence was granted Mr. Martin, of Haber- 
sham, on account of important business. 

Mr. Shropshire in the Ohair. 

The consideration of the unfinished business of Satur- 
day last was resumed, to-wit : the second majority and 
minority reports of the Committee on Relief and the 
substitutes therefor by Mr. Stanford and Mr. Trammell. 

The statement of the question by the President pro 
tern, gave precedence to a substitute of Mr. Bullock, and 



Journal Constitutional Convention 1867-68 489 

placed that of Mr. Trammell in the position of a third 
substitute, and consequently out of order. 

Mr. Bryant offered the following as an amendment 
to the substitute of Mr. Bullock, to-wit : 

We, the peo'ple of Georgia, in Convention assembled, 
do solemnly^ Ordain, 

That from and after the passage of this Ordinance, 
until the first day of January, 1871, no Court or minis- 
terial officer of this State shall have jurisdiction or au- 
thority to enforce any judgment, execution, or decree, 
for money rendered or issued upon any contract or agree- 
ment, made or entered into, or for any tort or injury 
committed prior to the first day of May, 1865, or upon 
any contract or agreement made in renewal of a debt ex- 
isting prior to the first day of May, 1865. 

And on and after the first day of January, 1871, no 
Court or ministerial officer of this State shall have juris- 
diction or authority to enforce such judgment, execution, 
or decree, except as follows, to-wit: On and after the 
first day of January, 1871, for one-fifth of the amount 
due thereon ; on and after the first day of January, 1872, 
for one other fifth ; on and after the first day of January, 
1873, for one other fifth; on and after the first day of 
January, 1874, for one other fifth; and on and after the 
first day of January, 1875, for the remaining fifth. 

Resolved, That the Committee on Judiciary be, and 
they are hereby instructed to insert in that part of the 
Constitution which defines the powers of the Judiciary 
of this State, the following section : 

Section — . 
Until the first day of January, 1871, no Court or min- 



490 Confederate Records 

isterial officer of this State shall have jurisdiction or 
authority to enforce any judgment, execution, or decree, 
for money, rendered or issued upon any contract or agree- 
ment, made or entered into, or for any tort or injury com- 
mitted prior to the first day of May, 1865. 

Amd on and after the first day of January, 1871, no 
Court or ministerial officer of this State shall have juris- 
diction or authority to enforce such judgment, execution, 
or decree, except as follows : On and after the first day 
of January, 1871, for one-fifth of the amount due thereon; 
on and after the first day of January, 1872, for one other 
fifth ; on and after the first day of January, 1873, for one 
other fifth; on and after the first day of January, 1874, 
for one other fifth; and on and after the first day of 
January, 1875, for the remaining fifth, except in the fol- 
lowing cases, in which the Courts and ministerial officers 
shaU have jurisdiction and authority: 

I. Where the debt is for property sold, and not more 
than one-fourth of the purchase money has been paid, and 
the property still exists in the hands of the debtor, who 
refuses to deliver it back to the vendor, or it has been 
fraudulently disposed of by the debtor to avoid judg- 
ment. 

II. Where the debt grows out of a trust, and the 
trust property in the hands of the trustee, or it has been 
invested by him in other specific effects of value, now in 
Ms hand, or has been fraudulently disposed of by the 
trustee, who has valuable specific assets, arising from 
the disposition of the trust property, which he converts 
to his own use. 

III. When the debt is for property, which has been 
disposed of by the debtor, who has the specific proceeds 



Journal Constitutional Convention 1867-68 491 

thereof in his possession, or has fraudulently disposed 
of said proceeds to defeat the collection of the debt. 

IV. In all suits against Corporations in their cor- 
porate capacity, on bills, bonds, notes, mortgages, de- 
posits and accounts ; and in all contracts with mechanics 
and day laborers. 

y. In all cases where a defendant is about to remove, 
or is removing himself or his property beyond the limits 
of this State. 

VI. In all debts due to charitable or literary insti- 
tutions. 

VII. In all other cases where the Legislature shall 
hereafter by a vote of two-thirds of the members thereof, 
confer jurisdiction on any Court, created by this Consti- 
tution, or by Legislative enactment. 

Section . 



It shall be in the power of two-thirds of the Greneral 
Assembly to assess and collect upon all debts, judgments 
or causes of action, when due, founded on any contract 
or wrong made, implied, or done before the first of May, 
1865, in the hands of any one in his own right, or as trus- 
tee, agent, or attorney of another on or after the first 
of January, 1868, a tax of not exceeding twenty-five per 
cent, to be paid by the creditor on pain of the forfeiture 
of the debt, but chargeable by him, as to one-half thereof 
against the debtor, and collectable with the debt: Pro- 
vided, That this tax shall not be collected if the debt or 
cause of action be abandoned or settled without legal pro- 
cess, or if in judgment, be settled without levy and sale; 
amd, provided further, this tax shall not be levied so long 



492 Confederate Records 

as the Courts of this State shall not have jurisdiction of 
such debts or causes of action. 

II. That this Ordinance be, and hereby is, adopted as 
part of the Constitution of this State, and the Judiciary 
Committee are insti*ucted to alter the several sections of 
their report giving jurisdiction to the Courts so as to 
fail to give jurisdiction in the cases herein denied, and the 
Committee on Consolidation and Revision distribute this 
Ordinance to its proper place in the Constitution. 

Pending discussion on the proposed amendment of 
Mr. Bryant, Mr. Bigby ha\ang the floor, the Convention 
adjourned until Qi/o o'clock tomorrow. 



Atlanta, Ga., Tuesday, Feb. 4, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

Leave of absence was granted Messrs. Dailey, Powell, 
Stewart, and Edwards, and to Mr. Davis, after 12 o'clock 
M., on the 14th instant. 

The following communication from General Meade 
was laid before the Convention by the President : 

Headquarters Third Military District, 
(Dept. Georgia, Alabama, and Florida), 

Atlanta, Ga., Feb. 3, 1868. 

Hon. J. R. Parrott, President Constitutional Convention, 

Atlanta, Georgia: 

Sir: — ^A careful survey of the condition of the State 



Journal Constitutional Convention 1867-68 493 

Treasury, and of the probable incoming revenue and de- 
mands upon the State, justify me in reporting to you that 
I shall be able, by the 15th of March proximo, to pay to 
the Disbursing Agent of the Convention the sum of Thirty 
Thousand Dollars, one-half of which will be available on 
or about the 10th instant. As this sum will complete the 
amount of the requisition approved by my predecessor 
and myself, I take this occasion to say that, after care- 
fully examining the financial condition of the State, as 
left by the outgoing Provisional Executive officers, to- 
gether with the demands to be met under the heads of the 
civil list and public institutions, that I cannot feel myself 
authorized to sanction any greater advance from the State 
Treasury to the Convention than is herein indicated, and 
that I must request the co-operation of the Convention 
in conforming to this decision. 

In coming to this decision, which is based on providing 
for the immediate and imperative wants of the Con- 
vention from the usual sources of revenue, by the collec- 
tion of taxes and net proceeds of the State Road, I feel 
compelled to decline approving or undertaking any finan- 
cial scheme involving the credit of the State, or antici- 
pating future revenue. 

Very respectfully, your obedient servant, 

George G. Meade, 

Major-General U. S. A. 

Mr. Angier moved a suspension of the Rule for the 
introduction of the following Resolution : 

Resolved, That no delegate of this Convention shall 
receive any per diem pay after the first day of March 
next. 



494 Confederate Records 

Tihe motion to suspend the Rule did not prevail. 

The unfinished business of yesterday was resumed, 
to- wit: The second majority and minority reports of 
the Committee on Relief, the substitutes of Mr. Stanford 
and Mr. Bullock and the amendment proposed hj Mr. 
Bryant to the substitute offered by Mr. Bullock. 

Mr. Conley in the Chair. 

Mr. Bigby resumed the floor, and, at the expiration of 
twenty minutes, was informed by the President pro tern. 
that the time allowed him under the Rule for his first 
speech was exhausted. 

Mr. Akerman rose to a point of order, stating that a 
motion made by himself on yesterday, to extend the time 
for Mr. Bigby 's speech, was sustained by the Convention. 

The President pro tem. decided that, under the Rule 
there could be no extension of the time of the first speech 
of a member, and that the action of the Convention on 
yesterday, extending the time of Mr. Bigby 's first speech, 
being in violation of the Rule, could not be observed. 

From this decision Mr. Akerman appealed. 

The decision of the Chair was not sustained. 

Mr. Blodgett offered the following as an amendment 
to the substitute of Mr. Bullock, which was accepted by 
Mr. Bullock, to be inserted between the paragraph grant- 
ing power to two-thirds of the Legislature to confer juris- 
diction on the Courts and the section in his substitute, 
and to be known as section , to-wit : 

Section . 



All contracts made and not executed during the late 



Journal Constitutionax, Convention 1867-68 495 

rebellion, with the intention and for the purpose of aid- 
ing and encouraging said rebellion, or when it was the 
purpose and intention of one of the parties to such con- 
tract to aid or encourage such rebellion, and that fact was 
known by the other party, whether the said contract was 
made by any person or corporation with the State or 
Confederate States, or by a corporation with a natural 
person, or between two or more natural persons, are 
hereby declared to have been and to be illegal; and all 
bonds, deeds, promissory notes, bills, or other evidences 
of debt, made or executed by the parties to such contract, 
or either of them, in connection with such illegal con- 
tract, or as the consideration for, or in furtherance there- 
of, are hereby declared null and void, and shall be so held 
in all Courts in this State, when an attempt shall be made 
to enforce any such contract, or give validity to any such 
obligation or evidence of debt. And in all cases where 
the defendant, or any one interested, in the event of the 
suit, will make a plea that he has reason to beheve that 
the obligation or e\'idence of indebtedness upon which the 
suit is predicated, or some part thereof has been given or 
used for the illegal purpose aforesaid, the burden of 
proof shall be upon the plaintiff to satisfy the Court and 
jury that the bond, deed, note, bill, or other evidence or 
evidences of indebtedness upon which said suit is brought, 
is or are not, nor is any part thereof founded upon, or in 
any way connected with any such illegal contract, and has 
not been used in aid of the rebellion, and the date of such 
bond, deed, note, bill, or other evidence of indebtedness, 
shall not be evidence that it has or has not, since its date, 
been issued, transferred, or used in aid of the rebellion. 

Mr. Blodgett called for the previous question, which 



496 



CONFEDEEATE ReCORDS 



was sustained by a vote of 52 to 49 — the result having 
been announced by the Chair. 

Mr. Akerman demanded the yeas and nays on the 
question. 

The call for the yeas and nays was decided out of 
order, as the decision of the Chair had been announced. 

From this decision Mr. Akerman appealed, and the 
decision of the Chair was sustained by the Convention. 

Upon the question, ''Shall the main question be now 
put?" Mr. Akerman required the yeas and nays to be 
recorded. 



Those who voted in the affirmative are Messrs. 



Alexander, 

Anderson, 

Bedford, 

Bowden of Monroe, 

Blodgett, 

Blount, 

Brown, 

Bracewell, 

Buchan, 

Bullock, 

Burnett, 

Campbell, 

Catching, 

Caldwell, 

Clift, 

Christian of Newton, 

Chatters, 

Chambers, 

Cooper, 

Cobb of Houston, 

Crayton, 

Davis, 



Dinkins, 

Gibson, 

Gilbert, 

Goodwin, 

Golden, 

Harris of Newton, 

Harrison of Hancock, 

Higden, 

Hotchkiss, 

Howe, 

Hutcheson, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Linder, 

Lumpkin, 

McCay, 

McWhorter, 

Noble, 

Palmer, 

Potts. 



Journal Constitutional Convention 1867-68 497 



Eeynolds, 


Stone, 


Rozar, 


Strickland, 


Roberts, 


Trawick, 


Saulter, 


Turner, 


Seeley, 


Whitaker, 


Sherman, 


Wooten, 


Smith of Charlton, 




Those who voted in 


the negative are Messrs. 


Akerman, 


King, 


Angier, 


Knox, 


Ashbum, 


Lee, 


Beaird, 


Lott, 


Baldwin, 


Maddox, 


Bell of Banks, 


Marler, 


Bowden of Campbell, 


Maull, 


Bigby, 


Mathews, 


Bryant, 


Martin of Carroll, 


Bryson, 


Martin of Calhoun, 


Bradley, 


McHan, 


Carson, 


Minor, 


Cameron, 


Miller, 


Casey, 


Moore of White, 


Christian of Early, 


Moore of Columbia, 


Cole, 


Murphy, 


Crane, 


Pope, 


Crawford, 


Prince, 


Crumley, 


Robertson, 


Cot ting, 


Saffold, 


Dunning, 


Sikes, 


Dunnegan, 


Shields, 


Ellington, 


Smith of Thomas, 


Flynn, 


Shropshire, 


Fort, 


Shumate, 


Guilford, 


Stanford, 


Harland, 


Supple, 


Higbee, 


Stanley, 


Hudson, 


Walton, 



498 Confederate Records 

Waddell, Whiteley, 

Welch, Woodey, 

Wliitehead of Burke, Yeates. 

There are yeas, 57 ; nays, 64. So the question, "Shall 
the miain question be now put?" was determined in the 
negative. 

The following amendment to the substitute of Mr. Bul- 
lock, which was accepted by him, was offered by Mr. 
Seeley as a proviso to the paragraph authorizing the Leg- 
islature, by a vote of two-thirds, to confer jurisdiction on 
the Courts, to- wit : 

Provided, That jurisdiction over debts, for the pur- 
chase or hire of slaves, or over debts, the credit of which 
was based on slaves as property, shall not be conferred 
on any Court in this State. 

Mr. Parrott moved that the whole subject-matter of 
relief be referred to a Special Committee of five, with in- 
structions to report tomorrow morning. 

This motion was withdrawn. 

Mr. Blodgett offered the following Resolution, which 
was adopted, to-wit : 

Resolved, That debate on the question of "Relief" be 
closed tomorrow, at 11 o'clock a. m. 

Leave of absence was granted Mr. Richardson and 
Mr. Whitehead, of Butts. 

The Convention, on motion, adjourned until 9i/^ 
o'clock, a. m., tomorrow. 



JoTJKNAL Constitutional Convention 1867-68 499 

Atlanta, Ga., Wednesday, Feb. 5, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

The unfinished business of yesterday was resumed, to- 
wit: the second majority and minority reports of the 
Committee on Relief, the substitute of Mr. Stanford and 
Mr. Bullock, as amended, and two amendments oifered 
by Mr. Bryant to the amended substitute of Mr. Bullock. 

The first proposition in order being the last amend- 
ment of Mr. Bryant, to-wit : to amend the substitute of 
Mr. Bullock by providing that the Legislature, by a vote 
of a majority instead of two-thirds, may confer jurisdic- 
tion on the Courts. 

Upon this proposition Mr. Akerman required the yeas 
and nays to be recorded. 

Those who voted in the affirmative, are Messrs. 

Akerman, Cameron, 

Alexander, Clift, 

Angier, Christian of Early, 

Ashburn, Claiborne, 

Barton, Cobb of Houston, 

Beaird, Cole, 

Baldwin, Conley, 

Bell of Oglethorpe, Crane, 

Bell of Banks, Crawford, 

Bowers, Crumley, 

Bigby, Cotting, 

Bryant, Dunning, 

Bracewell, Dunnegan, 

Bryson, Ellington, 

Carson, Fields, 



500 



Confederate Records 



Flynn, 


McCay, 


Fort, 


Miller, 


Guilford, 


Moore of White, 


Harland, 


Murphy, 


Higbee, 


Pope, 


Higden, 


Prince, 


Houston, 


Saffold, 


Hudson, 


Saulter, 


Hutcheson, 


Shields, 


King, 


Smith of Coweta, 


Knox, 


Smith of Thomas, 


Lee, 


Speer, 


Linder, 


Shropshire, 


Lott, 


Stanford, 


Madden, 


Stanley, 


Maddox, 


Trammell, 


Marler, 


Welch, 


Mathews, 


Williams, 


Martin of Carroll, 


Woodey, 


Martin of Calhoun, 


Yeates. 


McHan, 




Those who voted in 


the negative, are Messrs. 


Anderson, 


Cooper, 


Bedford, 


Costin, 


Bowden of Campbell, 


Crayton, 


Bowden of Monroe, 


Da\"is, 


Blodgett, 


Dinkins, 


Blount, 


Gibson, 


Brown, 


Gilbert, 


Bradley, 


Goodwin, 


Bullock, 


Golden, 


Burnett, 


Harris of New Ion, 


Campbell, 


Harrison of Hancock, 


Casey, 


Hotchkiss, 


Caldwell, 


Hooks, 


Chrisian of Newton, 


Howe, 


Chatters, 


Jackson, 


Chambers, 


Joiner, 



JOUBNAL CONSTITUTIONAX, CONVENTION 1867-68 501 



Jones, 

Jordan, 

Lumpkin, 

Maull, 

Minor, 

McAVhorter, 

Moore of Columbia, 

Noble, 

Palmer, 

Potts, 

Reynolds, 

Rice, 

Rozar, 

Roberts, 

There are yeas, 71 ; nays, 60 
adoipted. 



Robertson, 

Sikes, 

Sherman, 

Shumate, 

Stone, 

Strickland, 

Trawick, 

Turner, 

Walton, 

Wallace, 

Whitaker, 

Whitehead of Burke, 

AVhiteley, 

Wooten. 



So the amendment was 



Mr. Bryant moved that the subject-matter of relief, 
now pending, be referred to a Special Committee of five, 
with instructions to report tomorrow: 

Upon this motion the yeas and nays were demanded. 



IJhose who voted in the affirmative, are Messrs. 



Akerman, 


Cotting, 


Angier, 


Dunning, 


Baldwin, 


Dunnegan, 


Bell of Banks, 


Ellington, 


Bowers, 


Fields, 


Bigby, 


Flynn, 


Bryant, 


Higbee, 


Bracewell, 


Houston, 


Bryson, 


Hudson, 


Cameron, 


Hutcheson, 


Cole, 


King, 


Crane, 


Knox, 


Crawford, 


Lee, 


Crumley, 


Maddox, 



502 



CONFEDEBATE ReCOBDS 



Marler, 


Smith of Thomas, 


Mathews, 


Speer, 


Martin of Carroll, 


iShropshire, 


McHan, 


Stanley, 


Moore of White, 


Trammell, 


Murphy, 


Welch, 


Saffold, 


Woodey, 


Shields, 


Yeates. 


Those who voted in 


the negative, are Messrs. 


Alexander, 


Davis, 


Anderson, 


Dinkins, 


Ashbum, 


Fort, 


Bedford, 


Gibson, 


Beaird, 


Gilbert, 


Bell of Oglethorpe, 


Goodwin, 


Bowden of Campbell, 


Golden, 


Bowden of Monroe, 


Guilford, 


Blodgett, 


Harland, 


Blount, 


Harris of Newton, 


Brown, 


Harrison of Hancock, 


Bradley, 


Higden, 


Bullock, 


Hotchkiss, 


Burnett, 


Hooks, 


Campbell, 


Howe, 


Carson, 


Jackson, 


Casey, 


Joiner, 


Caldwell, 


Jones, 


Clift, 


Jordan, 


Christian of Newton, 


Key, 


Christian of Early, 


Linder, 


Chatters, 


Lott, 


Claiborne, 


Lumpkin, 


Chambers, 


Madden, 


Cooper, 


Maull, 


Cobb of Houston, 


Martin of Calhoun, 


Costin, 


McCay, 


Conley, 


Minor, 


Crayton, 


Miller, 



JouKNAL. Constitutional Convention 1867-68 503 



McWhorter, 

Moore of Columbia, 

Noble, 

Palmer, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Roberts, 

Saulter, 

Sikes, 

Sliermaii, 

Smith of Charlton, 

There are yeas, 44 ; nays, 87. 

So the motion to refer did not prevail. 

Mr. Waddell stated that he had paired off with Mr. 
Edwards on the question of relief. 

Upon the question of adopting the first amendment of 
Mr. Bryant, the yeas and nays were demanded. 

Those who voted in the affirmative, are Messrs. 



Smith of Coweta, 

Shumate, 

Stanford, 

Stone, 

Strickland, 

Trawick, 

Turner, 

Walton, 

Wallace, 

Whitaker, 

Whitehead of Burke, 

Whiteley, 

Williams, 

Wooten. 



Akerman, 

Alexander, 

Angier, 

Bell of Bank^ 

Bowers, 

Bigby, 

Bryant, 

Biy^son, 

Cameron, 

Clift, 

Christian of Early, 

Cole, 

Crane, 



Crawford, 

Crumley, 

Cotting, 

Dunning, 

Dunnegan, 

Ellington, 

Fields, 

Plynn, 

Harland, 

Higbee, 

Houston, 

Hutches on, 

King, 



504 



CONFEDKRATE E-ECORDS 



Knox, 


Moore of White, 


Lott, 


Saffold, 


Maddox, 


Saulter, 


Marler, 


Shields, 


Mathews, 


Smith of Thomas, 


Martin of Carroll, 


Shropshire, 


Martin of Calhoun, 


Stanley, 


McHan, 


Trammell, 


Minor, 


Woodey, 


Miller, 


Yeates. 


Those who voted in 


the negative, are Messrs. 


Ashbum, 


Costin, 


Bedford, 


Conley, 


Beaird, 


Or ay ton. 


Baldwin, 


Davis, 


Bell of Oglethorpe, 


Dinkins, 


Bowden of Campbell, 


Fort, 


Bowden of Monroe, 


Gibson, 


Blodgett, 


Gilbert, 


Blount, 


Goodwin, 


Brown, 


Golden, 


Bracewell, 


Guilford, 


Bradley, 


Harris of Newton, 


Buchan, 


Harrison of Hancock, 


Bullock, 


Higden, 


Burnett, 


Hotchkiss, 


Campbell, 


Hooks, 


Carson, 


Howe, 


Catching, 


Hudson, 


Casey, 


Jackson, 


Caldwell, 


Joiner, 


Christian of Newton, 


Jones, 


Chatters, 


Jordan, 


Claiborne, 


Lee, 


Chambers, 


Linder, 


Cooper, 


Lumpkin, 


Cobb of Houston, 


Madden, 



Journal Constitutional, Convention 1867-68 505 

Maull, Smith of Charlton, 

McCay, Speer, 

McWhorter, Shumate, 

Moore of Columbia, Stanford, 

Murphy, Supple, 

Noble, Stone, 

Palmer, Strickland, 

Pope, Trawick, 

Potts, Turner, 

Prince, Walton, 

Reynolds, Wallace, 

Rice, Welch, 

Rozar, Whitaker, 

Roberts, YvTiitehead of Burke, 

Robertson, Whiteley, 

Sikes, Williams, 

Sherman, Wooten. 

There are yeas, 46 ; nays, 86. So the amendment was 
not adopted. 

It will be found entered in full on the Journal of Feb- 
ruary 3d. 

Mr. McCay offered the following amendment, which 
was accepted by Mr. Bullock, to-wit : 

Except also where the debt or contract is set up by 
way of defense to any matter of which the Court has jur- 
isdiction, and said debt is more than any debt due by the 
defendant to the plaintiff, of which the Courts are denied 
jurisdiction. 

Mr. Blodgett offered the following amendment, which 
was accepted by Mr. Bullock, to follow the accepted 
amendment of Mr. McCay, to-wit : 

Except where the debt is for real property sold, and 
not one-third or more of the purchase money has been 



506 Confederate Records 

paid, and the suit is in the name of the vendor, and the 
said property exists in the hands of the debtor, who re- 
fuses to deliver it back to the vendor, or where it has been 
fraudulently disposed of by the debtor to avoid judgment. 

Mr. Stanford offered the following as an additional 
exception, to-wit: 

In all cases where the defendant has absconded, or is 
about to remove himself or his property beyond the limits 
of the State or County. 

On motion of Mr. Miller, the words ''or County" were 
stricken out. 

Upon the question of adopting the amendment, as 
amended, the yeas and nays were demanded. 

Those who voted in the affirmative, are Messrs. 

Akerman, Fields, 

Alexander, Flynn, 

Angier, Harland, 

Bell of Banks, Higbee, 

Bowers, Hudson, 

Bryant, Hutcheson, 

Bryson, King, 

Buchan, Knox, 

Cameron, Lee, 

Clift, Linder, 

Christian of Early, Lott, 

Cobb of Houston, Madden, 

Cole, Maddox, 

Crane, Marler, 

Crawford, Mathews, 

Crumley, Martin of Carroll, 

Dunning, Martin of Calhoun, 

Dunnegan, McHan, 

Ellington, McCay, 



Journal Constitutional Convention 1867-68 507 



Miller, 

Moore of White, 

Murphy, 

Erice, 

Saffold, 

Saulter, 

Shields, 

Smith of Thomas, 

Speer, 

Shropshire, 



Stanford, 

Stanley, 

Trammell, 

Trawick, 

Welch, 

Whiteley, 

Williams, 

Woodey, 

Yeates. 



Those who voted in the negative, are Messrs. 



Anderson, 

Ashburn, 

Bedford, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowden of Campbell, 

Bowden of Monroe, 

Blodgett, 

Bigby, 

Blount, 

Brown, 

Bracewell, 

Bradley, 

Bullock, 

Campbell, 

Carson, 

Catching, 

Casey, 

Caldwell, 

Christian of Newton, 

Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Costin, 

Conley, 



Crayton, 

Cotting, 

Davis, 

Dinkins, 

Gibson, 

Gilbert, 

Goodwin, 

Golden, 

Guilford, 

Harris of Newton, 

Harrison of Hancock, 

Higden, 

Hotchkiss, 

Hooks, 

Howe, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Lumpkin, 

Maull, 

Minor, 

McWhorter, 

Moore of Columbia, 

Noble, 

Palmer, 

Pope, 



508 Confederate Records 

Potts, Shumate, 

Prince, Supple, 

Reynolds, Stone, 

Rozar, Strickland, 

Roberts, Turner, 

Robertson, Walton, 

Sikes, Wallace, 

Sherman, Whitaker, 

Smith of Charlton, ^^Tiitehead of Burke, 

Smith of Coweta, Wooten. 

There are yeas, 57; nays, 74. So the same was not 
adopted. 

Mr. Aierman moved to amend as follows, to-wit : 

Provided, That the jurisdiction herein withheld shall 
exist if the plaintiff or plaintiffs shall establish, by proof, 
that prior to the commencement of said suit he, personally 
or by attorney or agent, proposed to the defendant or de- 
fendants to submit the matter in controversy between 
them to the decision of arbitrators, chosen equally by 
both parties, with an umpire chosen by the arbitrators, 
upon principles of natural equity, taking into account the 
losses of the respective parties by the calamities of the 
war, and all other grounds which, in the opinion of the 
arbitrators, may in good conscience bear upon the merits 
of the case, and that the award of the arbitrators be made 
the judgment of the proper Court which the defendant or 
defendants refuse to do within one month after said prop- 
osition. And in case of judgment or execution, hereto- 
fore rendered, the proper officer may proceed with the 
collection, upon proof to the satisfaction of the Court 
that the plaintiff or plaintiffs have submitted, and the 
defendant or defendants have rejected a like proposition 
to refer the matter between them to arbitrament and 
award, as aforesaid, but not otherwise. 



Journal Constitutional, Convention 1867-68 509 

And provided further, That the lien of a judgment, 
now in existence, shall not be lost by said arbitration, but 
a new execution shall be issued by the Clerk, and shall 
proceed after one year from the date of such award for 
the collection of the amount of such award. T»he right of 
set-off shall exist as heretofore. 

Ux>on the question of adopting the amendment of Mr. 
Aterman the yeas and nays were demanded. 

Those who voted in the affirmative, are Messrs. 



Akerman, 


Houston, 


Angier, 


Hudson, 


Barton, 


Hutcheson, 


Baldwin, 


King, 


Bell of Ba.nks, 


Knox, 


Bowers, 


Lee, 


Bigby, 


Lott, 


Bryant, 


Maddox, 


Bryson, 


Martin of Carroll, 


Cameron, 


Martin of Calhoun, 


Clift, 


Marler, 


Christian of Early, 


Mathews, 


Cole, 


McHan, 


Conley, 


Minor, 


Crane, 


Miller, 


Crawford, 


Moore of White, 


Crumley, 


Eice, 


Cotting, 


Saffold, 


Dunning, 


Shields, 


Dunnegan, 


Smith of Thomas, 


Ellington, 


Speer, 


Fields, 


Shropshire, 


Flynn, 


Stanford, 


Fort, 


Stanley, 


Harland, 


Tra.mmell, 


Higbee, 


Turner, 



510 



CONFEDEKATE RECORDS 



vv eioii, 

Woodey, 


X ^atco. 


T!hose who voted in 


the negative, are Messrs. 


Alexander, 


Guilford, 


Anderson, 


Harris of Chatham, 


Ashburn, 


Harris of Newton, 


Bedford, 


Harrison of Hancock, 


Beaird, 


Higden, 


Bowden of Campbell, 


Hotchkiss, 


Bowden of Monroe, 


Hooks, 


Blodgett, 


Howe, 


Blount, 


Jackson, 


Brown, 


Joiner, 


Bracewell, 


Jones, 


Bradley, 


Jordan, 


Buchan, 


Lmnpkin, 


Bullock, 


Madden, 


Burnett, 


Maull, 


Campbell, 


McCay, 


Carson, 


McWhorter, 


Catching, 


Moore of Columbia, 


Casey, 


Murphy, 


Caldwell, 


Noble, 


Christian of Newton, 


Palmer, 


Chatters, 


Pope, 


Claiborne, 


Potts, 


Chambers, 


Prince, 


Cooper, 


Reynolds, 


Cobb of Houston, 


Rozar, 


Costin, 


Roberts, 


Crayton, 


Robertson, 


Davis, 


Sikes, 


Dinkins, 


Sherman, 


Gibson, 


Smith of Charlton, 


Gilbert, 


Shumate, 


Goodwin, 


Supple, 


Golden, 


Stone, 



Journal Constitutional Convention 1867-68 511 

Strickland, Whitehead of Burke, 

Trawick, Whiteley, 

Walton, Williams, 

Wallaxje, Wooten, 
Whitaker, 

There are yeas, 55 ; nays, 77. So the amendment was 
not adopted. 

Mr. McCay stated that he voted in the negative be- 
cause he believed the provisions of the amendment un- 
constitutional. 

Mr. Safford offered the following, to be added after 
the last accepted amendment of Mr. Blodgett, to-wit : 

And all debts due to charitable institutions, institu- 
tions of learning, and mechanics and laborers. 

The same was adopted. 

Mr. Saffold moved to strike out the amendment of Mr. 
Blodgett accepted on yesterday by Mr. Bullock, and en- 
tered in full on the Journal of that day. 

Upon this motion he required the yeas and nays to be 
recorded. 

Those who voted in the aflSrmative, are Messrs. 

Akerman, Christian of Early, 

Angier, Cobb of Houston, 

Bell of Banks, Cole, 

Bowers, Crane, 

Bigby, Crawford, 

Bryson, Crumley, 

Carson, Dunning, 

Cameron, Dunnegan, 

Caldwell, Ellington, 

Christian of Newton, Fields, 



512 



CONFEDEKATE ReCORDS 



Flynn, 

Harland, 

Higden, 

Houston, 

Hudson, 

Hutcheson, 

King, 

Knox, 

Lee, 

Lott, 

Maddox, 

Marler, 

Martin of Carroll, 

Martin of Calhoun, 

McHan, 

McCay, 



Miller, 

Moore of White, 

Pope, 

Robertson, 

Saffold, 

Sautter, 

Shields, 

Smith of Thomas, 

Shropshire, 

Stanford, 

Stanley, 

Trammell, 

Whiteley, 

Woodey, 

Yeates. 



Those who voted in the negative, are Messrs. 



Alexander, 

Anderson, 

Ashburn, 

Bedford, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowden of Campbell, 

Bowden of Monroe, 

Blodgett, 

Blount, 

Bryant, 

Brown, 

Bracewell, 

Bradley, 

Buchan, 

Bullock, 

Campbell, 

Catching, 

Casey, 

Clift, 



Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Costin, 

Conley, 

Crayton, 

Cotting, 

Davis, 

Dinkins, 

Gibson, 

Gilbert, 

Goodwin, 

Golden, 

Guilford, 

Harris of Chatham, 

Harris of Newton, 

Harrison of Hancock, 

Higbee, 

HotchMss, 

Hooks, 



Journal Constitutional Convention 1867-68 513 



Howe, 


Roberts, 


Jackson, 


Sikes, 


Joiner, 


Sherman, 


Jones, 


Smith of Charlton, 


Jordan, 


Speer, 


Lumpkin, 


Shumate, 


Madden, 


Supple, 


Maull, 


Stone, 


Minor, 


Strickland, 


McWhorter, 


Trawick, 


Moore of Columbia, 


Turner, 


Murphy, 


Walton, 


Noble, 


Wallace, 


Palmer, 


Welch, 


Potts, 


Whitaker, 


Prince, 


Whitehead of Burke, 


Reynolds, 


Williams, 


Rice, 


Wooten. 


Rozar, 





There are yeas, 51 ; nays, 79. So the motion to strike 
out the same was lost. 

Mr. Bryant moved to strike out from the accepted 
proviso of Mr. Seeley the words "or hire." 

The amendment was lost. 

Mr. Miller moved to amend by striking out from the 
second paragraph of the first section the words "evi- 
denced by bonds or mortgages of corporations," and in- 
serting in lieu thereof the words * ' against a corporation 
or corporations." 

On the question of its adoption the yeas and nays were 
demanded. 



514 



CONFEDEEATE ReCOEDS 



Tliose wlio voted in the affirmative, are Messrs. 



Akerman, 

Anderson, 

Angier, 

Beaird, 

Baldwin, 

Bell of Banks, 

Bowers, 

Bigby, 

Bracewell, 

Bryson, 

Buchan, 

Burnett, 

Carson, 

Cameron, 

Caldwell, 

Clift, 

Christian of Newton, 

Christian of Early, 

Cooper, 

Cobb of Houston, 

Cole, 

Crane, 

Crawford, 

Crumley, 

Dunning, 

Dunnegan, 

Ellington, 

Fields, 

Flynn, 

Fort, 

Harland, 

Higbee, 

Higden, 

Howe, 



Hudson, 

Hutcheson, 

King, 

Knox, 

Lee, 

Lott, 

Madden, 

Maddox, 

Marler, 

]\Iathews, 

Martin of Carroll, 

Martin of Calhoun, 

McHan, 

McCay, 

Minor, 

Miller, 

Moore of White, 

Moore of Columbia, 

Murphy, 

Pope, 

Robertson, 

Saffold, 

Saulter, 

Shields, 

Smith of Thomas, 

Speer, 

Shropshire, 

Stanford, 

Stanley, 

Trammell, 

T,rawiok, 

Welch, 

Woodey, 

Yeates. 



Those who voted in the negative, are Messrs. 
Alexander, Ashbum, 



JouKNAL Constitutional Convention 1867-68 515 



Bedford, 

Bell of Oglethorpe, 

Bowden of Campbell, 

Bowden of Monroe, 

Blodgett, 

Bloimt, 

Bryant, 

Brown, 

Bradley, 

Bullock, 

Campbell, 

Catching, 

Casey, 

Chatters, 

Claiborne, 

Chambers, 

Costin, 

Conley, 

Crayton, 

Cotting, 

Davis, 

Dinkins, 

Gibson, 

Gilbert, 

Goodwin, 

Golden, 

Guilford, 

Harris of Chatham, 

Harris of Newton, 

Harrison of Hancock, 

Hotcihkiss, 



Hooks, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Lumpkin, 

Maull, 

McWhorter, 

Noble, 

Palmer, 

Potts, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Roberts, 

Sikes, 

Seeley, 

Sherman, 

Smith of Charlton, 

Shumate, 

Supple, 

Stone, 

Turner, 

Walton, 

Wallace, 

Whitaker, 

Whitehead of Burke, 

Whiteley, 

Williams, 

Wooten. 



There are yeas, 68 ; nays, 64. So the motion to amend 
prevailed. 

Mr. McCay offered to amend by adding after the word 
"plea," in the first ac<'epted amendment of Mr. Blodgett, 
the words ''supported by his affidavit." 



516 Confederate Records 

The same was accepted by Mr. Bullock. 

Mr. Crane proposed to amend by striking out the 
words ''or wrong" and *'or done" wherever they occur 
in the second paragraph of the first section. 

Tlhe same was also accepted by Mr. Bullock. 

Mr. Stanford moved to amend by striking out "June" 
and inserting *'May" whenever it occurs. 

The motion was lost. 

Mr. McCay moved to strike out the word ' ' two-thirds" 
and insert ''a majority" where it occurs in the amended 
substitute of Mr. Bullock. 

The same was accepted by Mr. Bullock. 

Upon the question of adopting the amended substitute 
of Mr. Bullock, the yeas and nays were demanded. 

Mr. Crane submitted for the decision of the Chair 
whether any member personally interested in the question 
could vote. 

The President decided that he could not. 

Those who voted in the affirmative, are Messrs. 

Alexander, Bradley, 

Anderson, Buchan, 

Ashburn, Bullock, 

Bedford, Burnett, 

Beaird, Campbell, 

Bell of Oglethorpe, Carson, 

Bowden of Campbell, Catching, 

Bowden of Monroe, Casey, 

Blodgett, Caldwell, 

Brown, Clift, 

Bracewell, Christian of Newton, 



Journal Constitutional Convention 1867-68 517 



Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Costin, 

Conley, 

Cray ton, 

Davis, 

Dinkins, 

Fort, 

Gibson, 

Gilbert, 

Goodwin, 

Golden, 

Guilford, 

Harris of Chatham, 

Harris of Newton, 

Harrison of Hancock, 

Higden, 

Hotchkiss, 

Hooks, 

Howe, 

Jackson, 

Joiner, 

Jones, 

Jordan^ 

Lumpkin, 

MauU, 

Minor, 

McWhorter, 



Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Potts, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Roberts, 

Robertson, 

Sikes, 

Seeley, 

Sherman, 

Smith of Charlton, 

Speer, 

Shumate, 

Supple, 

Stone, 

Strickland, 

Trawick, 

Turner, 

Walton, 

Wallace, 

Welch, 

Whi taker. 

Whitehead of Burke, 

Whiteley, 

Wooten. 



Those who voted in the negative, are Messrs. 



Akerman, 

Angier, 

Baldwin, 

Bell of Banks, 

Bowers, 

Bigby, 

Blount, 



Bryant, 

Cameron, 

Christian of Early, 

Cole, 

Crane, 

Crawford, 

( 'rumley. 



518 



Confederate Records 



Cotting, 

Dunning, 

Dunnegan, 

Ellington, 

Fields, 

Flynn, 

Harland, 

Higbee, 

Hudson, 

Hutcheson, 

King, 

Knox, 

Lott, 

Maddox, 

Marler, 

Mathews, 



Martin of Carroll, 

Martin of Calhoun, 

McHan, 

McCay, 

Miller, 

Moore of White, 

Pope, 

Saffold, 

Shields, 

Smith of Thomas, 

Shropshire, 

Stanford, 

Trammell, 

Williams, 

Woodey, 

Yeates. 



There are yeas, 81 ; nays, 46. So the amended substi- 
tute of Mr. Bullock was adopted in lieu of the second 
majority report of the Committee on Relief and the sub- 
stitute of Mr. Stanford. 

On the question of adopting said report, as amended, 
the yeas and nays were demanded. 

Those who voted in the affirmative, are Messrs. 



Alexander, 

Anderson, 

Ashburn, 

Bedford, 

Beaird, 

Bowden of Campbell, 

Bowden of Monroe, 

Blodgett, 

Blount, 

Bryant, 

Brown, 

Bracewell, 



Bradley, 

Buchan, 

Bullock, 

Burnett, 

Campbell, 

Carson, 

Catching, 

Casey, 

Caldwell, 

Chatters, 

Claiborne, 

Chambers, 



Journal Constitutional Convention 1867-68 519 



Cooper, 


Murphy, 


Cobb of Houston, 


Noble, 


Costin, 


Palmer, 


Conley, 


Pope, 


Crayton, 


Potts, 


Davis, 


Prince, 


Dinkins, 


Reynolds, 


Gibson, 


Rice, 


Gilbert, 


Rozar, 


Goodwin, 


Roberts, 


Golden, 


Robertson, 


Guilford, 


Sikes, 


Harris of Chatbam, 


Seeley, 


Harris of Newton, 


Sherman, 


Harrison of Hancock, 


Smith of Charlton, 


Higden, 


Speer, 


Hotcbkiss, 


Shumate, 


Hooks, 


Supple, 


Howe, 


Stone, 


Jackson, 


Strickland, 


Joiner, 


Trawick, 


Jones, 


Turner, 


Jordan, 


Walton, 


Lumpkin, 


Wallace, 


Maull, 


Welch, 


McCay, 


Whitaker, 


Minor, 


Whitehead of Burke, 


McWhorter, 


Whiteley, 


Moore of Columbia, 


Wooten. 


Those who voted in 


the negative, are Messrs. 


Akerman, 


Bryson, 


Angier, 


Clift, 


Baldwin, 


Christian of Early, 


Bell of Oglethorpe, 


Cole, 


Bell of Banks, 


Crane, 


Bowers, 


Crawford, 


Bigby, 


Crumley, 



520 Confederate Records 

Cotting, Martin of Carroll, 

Dunning, Martin of Calhoun, 

Dunnegan, McHan, 

Ellington, Miller, 

Fields, Moore of White, 

Flynn, Saffold, 

Harland, Shields, 

Higbee, Smith of Thomas, 

Hudson, , Shropshire, 

Hutcheson, Stanford, 

King, Stanley, 

Knox, Trammoll, 

Lott, ' Williams, 

Maddox, Woodey, 

Marler, Yeates. 
Mathews, 

There are yeas, 82; nays, 45. So the report, as 
amended, was adopted, and is as follows, to-wit: 

Whereas, by the late disastrous war the people of 
Georgia have lost over four hundred million of dollars 
of taxable property, also a vast depreciation of real 
estate, and the total loss of four year's labor, thereby 
throwing into hopeless confusion the equitable relations 
of debtor and creditor; and, whereas, all or nearly all 
the indebtedness was based either directly or indirectly 
upon the property thus destroyed or depreciated, w'liile 
the amount of indebtedness is held undiminished. There- 
fore, 

We, the people of Georgia, in Convention assembled, 
do solemnly Ordain, That from and after the passage of 
this Ordinance, no Court in this State shall have jurisdic- 
tion to hear or determine any suit, or render judgment, 
in any case against any resident of this State, upon any 
contract or agreement made or entered into, or upon any 
contract or agreement made in renewal of a debt existing 



Journal Constitutional Convention 1867-68 521 

prior to the first day of June, 1865 ; nor shall any Court 
or ministerial officer of this State have jurisdiction or 
authority to enforce any such judgment, execution or 
decree, rendered or issued upon any contract or agree- 
ment or renewal thereof as aforesaid. Also the accom- 
panying Eesolution: 

Resolved, That the Committee on the Judiciary be, 
and they are hereby instructed, to insert in that part of 
the Constitution which defines the powers of the Judi- 
ciary of this State, the following section : 

Section . 



No Court in this State shall have jurisdiction to hear 
or determine any suit, or render judgment in any case 
against any resident of this State, upon any contract or 
agreement, made or entered into, or upon any contract 
made in renewal of a debt, existing prior to the first day 
of June, 1865; nor shall any Court or ministerial officer 
of this State have jurisdiction or authority to enforce 
any judgment, execution or decree, rendered or issued 
upon any contract or agreement, or renewal thereof, prior 
to the said first day of June, 1865, except in the following 
cases, in which the Courts and ministerial officers shall 
have jurisdiction and authority: 

A\Tien the debt grown out of a trust for the benefit of 
minors, and the trust property is in the hands of the 
trustee, or it has been invested by him in other specific 
effects of value, now in his hand, or has been fraudu- 
lently disposed of by the trustee, who has valuable spe- 
cific assets, arising from the disposition of the trust 
property, which he converts to Ms own use, or when the 
debt is due from a third person to a trust estate, or where 



522 Confederate Records 

the debt is against a corporation or corporations in their 
corporate capacity; except, also, where the debt or con- 
tract is set up by way of defense to any matter of which 
the Court has jurisdiction, and said debt is more than 
any debt due by the defendant to the plaintiff, of which 
the Courts are denied jurisdiction, except, also, where 
the debt is for real property sold, and not one-third, or 
more, of the purchase money has been paid, and the suit 
is in the name of the vendor, and the said property exists 
in the hands of the debtor, who refused to deliver it back 
to the vendor, or where it has been fraudulently disposed 
of by the debtor to avoid judgment ; and all debts due to 
charitable institutions, institutions of learning, and me- 
chanics and laborers. And in all other cases where the 
Legislature shall hereafter, by a vote of a majority of the 
members thereof, confer jurisdiction on any Court cre- 
ated by this Constitution, or by Legislative enactment. 

Provided, That jurisdiction over debts, for the pur- 
chase or hire of slaves, or over debts, the credit of which 
was based on slaves as property, shall not be conferred 
on Courts in this State. 

Section . 



All contracts made and not executed during the late 
rebellion, with the intention and for the purpose of aid- 
ing and encouraging said rebellion, or where it was the 
purpose and intention of one of the parties to such con- 
tract to aid or encourage such rebellion, and that fact was 
known to the other party, whether said contract was made 
by any person or corporation with the State or Confed- 
erate States, or by a corporation with a natural person, 
or between two or more natural persons, are hereby de- 



JouKNAL Constitutional Convention 1867-68 523 

clared to have been and to be illegal ; and all bonds, deeds, 
promissory notes, bills, or other evidences of debt, made 
or executed by the parties to such contract, or either of 
them, in connection with such illegal contract, or as the 
consideration for, or in furtherance thereof, are hereby 
declared null and void, and shall be so held in all Courts 
in this State, when an attempt shall be made to enforce 
any such contract, or give validity to any such obligation 
or evidence of debt. And in all cases when the defendant, 
or any one interested, in the event of the suit, will make 
a plea, supported by his affidavit, that he has reason to 
believe that the obligation or evidence of indebtedness 
upon which the suit is predicated, or some part thereof 
has been given or used for the illegal purpose aforesaid, 
the burden of proof shall be upon the plaintiff to satisfy 
the Court and jury that the bond, deed, note, bill, or other 
evidences of indebtedness upon which said suit is brought 
is or are not, nor is any part thereof founded upon, or in 
any way connected with any such illegal contract, and 
has not been used in aid of the rebellion, and the date of 
such bond, deed, note, bill, or other evidences of indebt- 
edness, shall not be evidence that it has or has not, since 
its date, been issued, transferred, or used in aid of the 
rebellion. 

Section . 



It shall be in the power of a majority of the General 
Assembly to assess and collect upon all debts, judgments, 
or causes of actions, when due, founded on any contract 
made or implied before the first of June, 1865, in the 
hands of any one in his own right, or as trustee, agent, 
or attorney of another, on or after the fi.rst of January, 
1868, a tax of not exceeding twenty-five per cent, to be 



524 Confederate Records 

paid by the creditor on pain of the forfeiture of the debt, 
but chargeable by him, as to one-half thereof against the 
debtor, and collectable with the debt: Provided, that 
this tax shall not be collected if the debt or cause of 
action be ahandoned or settled without legal process, or 
if in judgment, be settled without levy and sales ; and 
provided further, this tax shall not be levied so long as 
the Courts of this State shall not have jurisdiction of 
such debts or causes of action. 

II. That this Ordinance be, and hereby is, adopted 
as a part of the Constitution of this State, and the Judi- 
ciary Committee are instructed to alter the several sec- 
tions of their report giving jurisdiction to the Courts so 
as to fail to give jurisdiction in the cases herein denied, 
and the Committee on Consolidation and Revision dis- 
tribute this Ordinance to its proper place in the Consti- 
tution. 

Mr. Bullock moved a suspension of the Rule for the 
purpose of introducing the following Resolution, to-wit : 

Resolved, That the President of this Convention be, 
and he is hereby authorized to warrant the payment of 
such bills or acounts as may be approved by the Auditing 
Oommittee and not otherwise authorized by this Con- 
vention. 

Upon the question of suspending the Rules the yeas 
and nays were demanded. 

Those who voted in the affirmative, are Messrs. 

Ashbum, Blodgett, 

Bedford, Bryant, 

Beaird, Bracewell, 

Bell of Oglethorpe, Bradley, 



JouBNAL Constitutional Convention 1867-68 525 



Bullock, 

Campbell, 

Casey, 

Clift, 

Chatters, 

Chambers, 

Cobb of Houston, 

Costin, 

Conley, 

Cotting, 

"Davis, 

I )inkins, 

Goodwin, 

Golden, 

Guilford, 

Harris of Chatham, 

Harris of Newton, 

Harrison of Hancock, 



Hotchkiss, 

Jackson, 

Joiner, 

Jones, 

Lumpkin, 

Maull, 

Moore of Columbia, 

Murphy, 

Noble, 

Pope, 

Prince, 

Rejmolds, 

Rozar, 

Sikes, 

Stone, 

Wallace, 

Whiteley. 



Those voting in the negative, are Messrs. 



Akerman, 

Alexander, 

Angler, 

Bell of Banks, 

Bigby, 

Bryson, 

Burnett, 

Carson, 

Cameron, 

Christian of Newton, 

Christian of Early, 

Cole, 

Crawford, 

Dunning, 

Dunnegan, 

Ellington, 

Fields, 

Flynn, 



Gilbert, 

Harland, 

Higbee, 

Higden, 

Hudson, 

Hutcheson, 

King, 

Knox, 

Lee, 

Lott, 

Marler, 

Martin of Carroll, 

Martin of Calhoun, 

McHan, 

McCay, 

Minor, 

Miller, 

Moore of White, 



526 CONFEDEEATE ReCORDS 

Robertson, Trammell, 

Saffold, Waddell, 

Saulter, Welch, 

Shields, Whitaker, 

'Smith of Thomas, Whitehead of Burke, 

Speer, Williams, 

Shropshire, Woodey, 

Shumate, Yeates. 
Stanford, 

There are yeas, 43 ; nays, 53. There being less than 
two-thirds voting in the affirmative, the motion to sus- 
pend the Rule did not prevail. 

Mr. McOay moved to suspend the Rule for the pur- 
pose of introducing a Resolution authorizing the Mes- 
senger to furnish wood and lights for the use of the 
Convention. 

The motion did not prevail. 

On motion of Mr. Bryant, the report of the Committee 
on Executive Department was taken up, and made the 
special order for tomorrow. 

The Convention, on motion, adjourned until 91/2 
o'clock a. m., tomorrow. 



Atlanta, Ga., Thursday, Feb. 6, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read, and Mr. Dunnegan moved a re- 
consideration of so much thereof as relates to the action 
of the Convention on yesterday on the whole subject- 
matter of relief. 



JouRNAii Constitutional Convention 1867-68 527 

Pending discussion of this motion, Mr. McCay rose 
to a point of order, assuming that, when a question is 
itself not debatable, the motion for its reconsideration is 
not debatable. 

The point of order was overruled by the Chair. 

Mr. McCay moved to lay the motion to reconsider on 
the table. 

Upon this proposition the yeas and nays were de- 
manded. 



Those who voted in the affirmative, are Messrs. 



Alexander, 

Anderson, 

Ashbum, 

Bedford, 

Beaird, 

Bell of Oglethorpe, 

Bowden of Campbell, 

Bow den of Monroe, 

Blodgett, 

Blount, 

Brown, 

Bracewell, 

Bradley, 

Bullock, 

Burnett, 

Carson, 

Catching, 

Casey, 

Caldwell, 

Clift, 

Christian of Newton, 

Claiborne, 

Chambers, 

Cooper, 



Cobb of Houston, 

Cobb of Madison, 

Costin, 

Conley, 

Cray ton, 

Cotting, 

Davis, 

Dinkins, 

Gibson, 

Gilbert, 

Goodwin, 

Golden, 

Harris of Newton, 

Harrison of Hancock, 

Hotchkiss, 

Hooks, 

Howe, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Knox, 

Lee, 

liinder, 



528 



CONFEDEEATE ReCORDS 



Lumpkin, 

Maull, 

MeCay, 

McWhorter, 

Moore of Columbia, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Eozar, 

Roberts, 

Robertson, 

Saulter, 

Sikes, 

Seeley, 

Sherman, 



Smith of Charlton, 

Speer, 

Shropshire, 

Shmnate, 

Supple, 

Stone, 

Strickland, 

Tp:'awick, 

Turner, 

Walton, 

Wallace, 

Welch, 

Whi taker. 

Whitehead of Burke, 

White! ey, 

Williams. 



Those who voted in the negative, are Messrs. 



Akerman, 

Angier, 

Baldwin, 

Bell af Banks, 

Bowers, 

Bigby, 

Bryant, 

Bryson, 

Cameron, 

Christian of Early, 

Cole, 

Crane, 

Crawford, 

Crumley, 

Dunning, 

Dunnegan, 

Ellington, 

Fields, 

Fort, 

Harland, 



Higbee, 

Higden, 

Houston, 

Hudson, 

Hutcheson, 

King, 

Lott, 

Madden, 

Maddox, 

Martin of Carroll, 

Martin of Calhoun, 

McHan, 

Minor, 

Miller, 

Moore of White, 

Murphy, 

Rice, 

Saffold, • 

Shields, 

Smith of Coweta, 



Journal Constitutional Convention 1867-68 529 

Smith of Thomas, Trammell, 

Stanford, Woodey. 

Stanley, 

There were yeas, 81; nays, 45. So the motion pre- 
vailed. 

Leave of absence was granted to Mr. Dews, on account 
of sickness. 

The Rule was suspended, on motion of Mr. Speer, 
when he offered the following Resolution, to-wit: 

Resolved, That the employment of three Pages be, 
and the same is hereby authorized, from the first day 
of the session of this Convention, and that said Pages be 
allowed one dollar per day, each, for their services ; and 
that the Auditing Committee be authorized to issue their 
warrants to each of said Pages for the respective amounts 
due them to date, which accounts shall be countersigned 
by the President and attested by the Secretary. 

Mr. Turner moved to amend by striking out ''one dol- 
lar" and inserting ''two dollars." 

The motion did not prevail. 

Mr. Whiteley offered the following amendment, which 
was adopted, to-wit: 

And that the Messenger be authorized to purchase 
fuel and lights for the use of this Hall. 

On motion of Mr. Bryant, the same was amended, as 
follows, to-wit: 

And that the sum of three dollars per day be allowed 
to an Assistant Messenger and Assistant Doorkeeper, 
each, dating from the commencement of the session, and 



530 Confederate Recoeds 

payable "under the provisions of this Resolution in rela- 
tion to Pages. 

The same, as amended, was adopted. 

A memorial from certain citizens of the county of 
Cobb was laid before the Convention, and, on motion, re- 
ferred to the Committee on Finance. 

The report of the Committee on Executive Depart- 
ment being the special order of this day, was taken up 
for consideration, Mr. Trammell in the Chair. 

Mr. Parrott offered as a substitute for the said report 
the Constitution of the State of Georgia, framed by the 
Convention of the year 1865, with certain amendments. 

Mr. Ashburn rose to a point of order, submitting 
whether a substitute for the entire Constitution to be 
framed by the Convention could be offered, while only a 
part of that Constitution is under consideration. 

The President pro tern, decided that the substitute was 
in order, because it was germain to the question under 
consideration. 

From this decision Mr. Ashburn appealed, and on the 
question of sustaining the decision the yeas and nays 
were demanded. 

Those who voted in the affirmative, are Messrs. 

Akerman, Bracewell, 

Angier, Bryson, 

Bell of Banks, Burnett, 

Bowden of Monroe, Carson, 

Bigby, Cameron, 

Blount, Campbell, 

Brown, Christian of Early, 



JouKNAL, Constitutional Conatention 1867-68 531 



Chambers, 


Lott, 


Cooper, 


Maddox, 


Cole, 


Marler, 


Crane, 


Mathews, 


Crawford, 


Martin of Carroll, 


Cmmley, 


Martin of Calhoun, 


Diummg, 


McHan, 


Dunnegan, 


McCay, 


Ellington, 


Miller, 


Fields, 


Moore of White, 


Flynn, 


Robertson, 


Fort, 


Saffold, 


Harland, 


Saulter, 


Higbee, 


Shields, 


Higden, 


Smith of Coweta, 


Hotclikiss, 


Smith of Thomas, 


Houston, 


Speer, 


Howe, 


Shropshire, 


Hudson, 


Shumate, 


Hutcbeson, 


Stanford, 


Jones, 


Trawick, 


Jordan, 


Turner, 


King, 


Waddelh 


Knigbt, 


Welch, 


Knox, 


Woodey. 


Lee, 




Those who voted in 


the negative, are Messrs. 


Alexander, 


Catching, 


Anderson, 


Casey, 


Ashburn, 


Clift, 


Bedford, 


Christian of Newton, 


Beaird, 


Claiborne, 


Bell of Oglethorpe, 


Cobb of Houston, 


Bowers, 


Costin, 


Blodgett, 


Conley, 


Bryant, 


Craton, 


Bradley, 


Cotting, 


Bullock, 


Davis, 



532 



Confederate Records 



Dinkins, 

Gilbert, 

Groodwin, 

Golden, 

Guilford, 

Harris of Newton, 

Harrison of Hancock, 

Jackson, 

Joiner, 

Linder, 

Lumpkin, 

Madden, 

Maull, 

Minor, 

McWhorter, 

Moore of Columbia, 

j\Iurphy, 

Noble, 



Palmer, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Rozar, 

Sikes, 

Seeley, 

Sherman, 

Supple, 

Stone, 

Walton, 

Wallace, 

Whitaker, 

Whitehead of Burke, 

Whiteley, 

Wooten. 



There are yeas, 65 ; nays, 57. So the decision of the 
Chair was sustained. 

Mr. Bryant moved to lay the proposed substitute of 
Mr. Parrott on the table. 

The Chair being called on to state the effect of laying 
the substitute on the table, decided that this action would 
carry, also, the main proposition. 

From this decision Mr. Conley took an appeal. 

Mr. Akerman rose to a point of order, assuming that 
the answer of the Chair to an inquiry was not such 
decision as would admit of an appeal. 

At this junction the appeal of Mr. Conley was with- 
drawn, and the point of order taken by Mr. Akerman was 
left undecided. 



JouENAL Constitutional Con\t:ntion 1867-68 533 



Mr. Bryant withdrew for the present his motion to lay 
the substitute on the table. 

This motion was renewed by Mr. Whiteley, and the 
yeas and nays were required to be recorded thereon. 

Those who voted in the affirmative, are Messrs. 



Akerman, 

Alexander, 

Anderson, 

Ashbum, 

Bedford, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowden of Campbell, 

Bowers, 

Blodgett, 

Bryant, 

Brown, 

Bracewell, 

Bradley, 

Bullock, 

Burnett, 

Carson, 

Catching, 

Casey, 

Caldwell, 

Clift, 

Christian of Newton, 

Claiborne, 

Chambers, 

Cooper, 

Cobb of Houston, 

Cos tin, 

Conley, 

Cray ton, 

Crumley, 

Cotting, 



Davis, 

Dinkins, 

Dunning, 

Ellington, 

Grilbert, 

Goodwin, 

Grolden, 

Gruilford, 

Harland, 

Harris of Newton, 

Harrison of Hancock, 

Higbee, 

Hotchkiss, 

Howe, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Knox, 

Linder, 

Lumpkin, 

Ivlaull, 

McHan, 

McCay, 

Minor, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Prince, 

Eeynolds, 



534 



CONFEDEBATE E-ECORDS 



Rice, 


Stone, 


Rozar, 


Turner, 


Saffold, 


Walton, 


Sikes, 


Wallace, 


Seeley, 


Welch, 


Shermaii, 


WTiitaker, 


Speer, 


Whitehead of Burke. 


Shumate, 


Whiteley, 


Supple, 


Williams. 


Those who voted in 


the negative, are Messrs. 


Angier, 


Lee, 


Bell of Banks, 


Lott, 


Bigby, 


Maddox, 


Blount, 


Mathews, 


Bryson, 


Martin of Carroll, 


Cameron, 


Martin of Calhoun, 


Christian of Early, 


Miller, 


Cole, 


Moore of White, 


Crane, 


Robertson, 


Crawford, 


Saulter, 


DuriTiegan, 


Shields, 


Fields, 


Smith of Coweta, 


Fl^mn, 


Smith of Thomas, 


Fort, 


Shropshire, 


Higden, 


Stanford, 


Houston, 


Trammell, 


Hudson, 


Waddell, 


Huteheson, 


Woodey. 


King, 





There are yeas, 82; nays, 37. So the motion to lay 
on the taible prevailed. 

Mr. Harris moved the adoption of the report of the 
Committee. 

Upon this motion Mr. Conley called for the previous 
question, which was not sustained. 



Journal Constitutional Convention 1867-68 535 

Mr. Blod'gett offered the following as an amendment 
to the eighth section, to be made the commencement there- 
of, to-wit: 

There shall be a Lieutenant-G-ovemor elected at the 
same time and for the same period as the Governor, who 
shall preside over the deliberations of the State Seiaate; 
and, in case of the death, resignation or disaibility of the 
Grovernor, shall exercise the executive power of the Grov- 
ernment until the removal of the disability, or the elec- 
tion and qualification of a Governor. The qualifications 
of the Lieutenant-Governor shall be the same as those 
of the Governor. His emolument shall be, while presid- 
ing over the Senate, double the per diem of a Senator. 

Mr. Blodgett proposed to amend further by striking 
out the words ''President of the Senate" wherever they 
occur in the report of the Committee, and inserting in lieu 
thereof ' ' Lieutenant-Governor. ' ' 

Mr. Bradley proposed to amend the first section by 
adding after the word ''Governor," in the first line, the 
words "and Lieutenant-Governor," by striking out the 
word "other" in the fourth line, and the words "or 
either of them, ' ' in the fifth line. 

Pending discussion of the foregoing amendments, the 
death of the Hon. C. C. Richardson was announced. 

The discussion immediately ceased, the Rule was sus- 
pended, and the following Resolution, offered by Mr. 
Bedford, was unanimously adopted: 

Information having been received in this Convention 
of the death of the Hon. C. C. Richardson, delegate from 
the Twentieth District, Be it 



536 CONFEDEEATE E-ECOKDS 

Resolved, That a Committee be appointed by the Chair 
to prepare a suitable memorial in honor of the deceased, 
and report the same to this Convention on tomorrow 
morning. 

The President appointed Messrs. Bedford, Bryant, 
Seeley, Whiteley, and Bullock as a Committee under the 
foregoing Resolution. 

The following Resolution, offered by Mr. Wallace, 
was unanimously adopted: 

Resolved, That as a mark of respect for the memory 
of the Hon. C. C. Richardson, deceased, this Convention 
do now adjourn. 



Atlanta, Gta., Friday, February 7, 1868. 
T[he Convention met pursuant to adjournment. 
Prayer by the Rev. Mr. Bowers. 

The Journal was read and the unfinished business of 
yesterday resumed, to-wit : the report of the Committee 
on Executive Department, and the amendments offered 
thereto yesterday by Messrs. Blodgett and Bradley. 

Upon the question of adopting the amendment of Mr. 
Blodgett, the previous question was called for and sus- 
tained. 

The main question was put, to-wit : the amendment of 
Mr. Blodgett, which was not adopted. 

The amendment of Mr. Bradley was also lost. 

Upon a motion to further amend, Mr. Trammell rose 



Journal Constitutional Convention 1867-68 537 

to a point of order, assuming that as the Convention had 
decided to take up the report as a whole, and as the pre- 
vious question had been called and sustained thereon, 
no further amendments could be offered. 

The point of order was sustained by the Ciialr. 

Mr. Bryant appealed from the decision of the Chair. 

The decision was sustained. 

Upon the question of adopting- the report of the Com- 
mittee the yeas and nays were demanded. 

Those who voted in the affirmative, are Messrs. 



Akerman, 


Davis, 


Angier, 


Dunning, 


Bell of Banks, 


Dunnegan, 


Bowden of Monroe, 


Ellington, 


Bowers, 


Foster of Paulding, 


Bigby, 


Harland, 


Blount, 


Higden, 


Brown, 


Hotclikiss, 


Bracewell, 


Houston, 


Bryson, 


Holcombe, 


Buchan, 


Howe, 


Biirnett, 


Hudson, 


Carson, 


Hutcheson, 


Cameron, 


Key, 


Christian of Newton, 


Knox, 


Christian of Early, 


Lee, 


Claiborne, 


Lott, 


Chambers, 


Maddox, 


Cooper, 


Martin of Carroll, 


Cobb of Madison, 


Martin of Habersham 


Cole, 


McHan, 


Conley, 


McCay, 


Crane, 


Miller, 


Crawford, 


Moore of White, 



538 



Confederate Records 



Potts, 


Shropshire, 


Rice, 


Shumate, 


Roberts, 


Stanford, 


Robertson, 


Trammell, 


Saffold, 


Trawick, 


Saulter, 


Waddell, 


Smith of Charlton, 


"Welch, 


Smith of Coweta, 


Whitely, 


Smith of Thomas, 


Woodey. 


Speer, 




Those who voted in 


the negative, are Messrs. 


Alexander, 


Higbee, 


Ainderson, 


Jackson, 


Ashbum, 


Joiner, 


Bedford, 


Jones, 


Beaird, 


Linder, 


Bell of Oglethorpe, 


Lumpkin, 


Bowden of Campbell, 


Madden, 


Bryant, 


Maull, 


Bradley, 


Minor, 


Campbell, 


Moore of Columbia, 


Catching, 


Murphy, 


Casey, 


Noble, 


Caldwell, 


Palmer, 


Clift, 


Prince, 


Chatters, 


Reynolds, 


Cobb of Houston, 


Rozar, 


Costin, 


Sikes, 


Crayton, 


Shields, 


Crumley, 


Seeley, 


Dinkins, 


Sherman, 


Gilbert, 


Supple, 


Golden, 


Stone, 


Guilford, 


Strickland, 


Harris of Chatham, 


Turner, 


Harrison of Hancock, 


Walton, 



Journal. Constitutional Convention 1867-68 539 

Wallace, Williams, 

WMtaker, Wooten. 

Whitehead of Burke, 

There are yeas, 67 ; nays, 55. 

So the report was adopted, and reads as recorded in 
the Journal of the 9th day of January. 

Mr. Whitely moved a suspension of the Rules for 
the purpose of taking up the report of the Committee on 
Legislative Department. 

The motion to suspend the Rule prevailed. 

Mr. Bryant proposed to amend the motion of Mr. 
Whitely, by substituting the report of the Committee on 
Franchise. 

The amendment was received, and the report of the 
Committee on Franchise was taken up by Sections. 

The first section was adopted without amendment. 

Mr. Blount moved to amend the second section by 
striking out ''six months" and inserting in lieu thereof 
"twelve months." 

The same was not received. 

Mr. Murphy moved to strike out from said section 
the words "three months" and insert in lieu thereof the 
words ' ' thirty days. ' ' 

The same was adopted. 

Mr. Aierman moved to amend the second section by 
adding after the word "vote," in the fourth line, the fol- 
lowing : 

And shall have paid all taxes which may have been 



540 Confederate Records 

required of him, and whicli he may have had an oppor- 
tunity of paying, agreeably to law, for the year next 
preceding the election. 

Also, proposed to amend said section by adding at 
its close the following : 

Provided, That the General Assembly shall have 
power to require an education qualification oi' voters, who 
may arrive at the age of twenty-one years after the first 
day of January, 1873. 

Pending discussion on the foregoing amendments of 
Mr. Akerman, Mr. Bedford rose to a question of privilege 
relative to the death of the Hon. C. C. Richardson, dele- 
gate from the Twentieth District. 

On motion of Mr. Blount the Rule was suspended for 
the introduction of the following Resolutions by Mr. 
Bedford as Chairman of the Special Committee appointed 
to prepare a suitable memorial in honor of the deceased, 
to- wit : 

Whereas, It has pleased Di\^ne Pro\idence to take 
from our midst, in the vigor of manliood and in the full 
enjoyment of the blessings of health and prosperity, as 
well as in the due performance of his duties as a delegate 
from the Twentieth Senatorial District of Georgia in the 
Constitutional Convention of the same, the Hon. C. C. 
Richardson, formerly of Dixfield, in the State of Maine; 
and, 

Whereas, The said delegate has passed from our 
midst by a most unfortunate occurrence, after having 
for years braved death in behalf of his flag and country, 
and having exemplified by his acts as a soldier his devo- 
tion to the Constitution and the Union; and. 



Journal, Constitutional Convention 1867-68 541 

Whereas, The deceased, true to his first principles, 
and ardent in his desire to restore the Union, has, as a 
co-laborer in the work of Eeeonstruction, zealously rep- 
resented his District, and has fallen in the midst of his 
official labors. 

Resolved, That this Convention recognize in the per- 
son of the deceased a zealous and steadfast friend, an 
open and manly opponent, and an earnest co-laborer in 
the work of restoration. 

Resolved, That this Convention tender their sympa- 
thies to the relatives and friends of the deceased. 

Resolved, That the Convention do wear the usual 
badge of mourning for a period of thirty days. 

Resolved, That a copy of the above be forwarded to 
the immediate relatives of the deceased. 

T|he same was unanimously adopted. 

The following Resolution, offered by Mr. Bedford, 
was taken up, and also unanimously adopted: 

Be it Resolved, That the Committee on Printing be 
instructed to have five hundred copies of the Memorial, 
Resolutions, and remarks made by the delegates printed 
for the use of the Convention, and that the Secretary be 
instructed to forward to the mother and sisters of the 
deceased a copy of the same. 

On motion of Mr. Whitely, the Convention adjourned 
Tmtil tomorrow morning, 9l^ o 'clock. 



542 



Confederate Records 



Atlanta, Ga., Saturday, February 8, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

Mr. Conley moved a reconsideration of so much of the 
Journal of yesterday as relates to the adoption of the 
report of the Committee on Executive Department. 

Upon this proposition the previous question was 
called for and seconded, and the yeas and nays were de- 
manded. 



Those who voted in the affirmative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashburn, 

Beaird, 

Bell of Oglethorpe, 

Bowers, 

Bryant, 

Bradley, 

Campbell, 

Carson, 

Catching, 

Casey, 

Clift, 

Chatters, 

Chambers, 

Cobb of Houston, 

Costin, 

Conley, 

Crumley, 

Davis, 

Dinkins, 



Dunning, 

Gilbert, 

Goodwin, 

Golden, 

Guilford, 

Harrison of Hancock, 

Higbee, 

Hotchkiss, 

Jackson, 

Joiner, 

Jones, 

Knox, 

Linder, 

Lumipkin, 

Madden, 

Maull, 

Minor, 

McWhorter, 

Moore of Columlbia, 

Murphy, 

Noble, 

Palmer, 



Journal Constitutional Convention 1867-68 543 



Pope, 


Shumate, 


Potts, 


Supple, 


Prince, 


Stone, 


Reynolds, 


Walton, 


Rice, 


Wallace, 


Rozar, 


Welch, 


Sikes, 


Whitaker, 


Seeley, 


Whitehead of Burke, 


Sherman, 


Whiteley, 


Smith of Charlton, 


Williams. 


Those who voted in 


the negative, are Messrs. 


Akerman, 


Hutchinson, 


Angier, 


Jordan, 


Bell of Banks, 


Key, 


Bowden of Monroe, 


Lee, 


Blount, 


Lott, 


Bracewell, 


Maddox, 


Bryson, 


Martin of Carroll, 


Burnett, 


Martin of Habersham, 


Cameron, 


McCay, 


Claiborne, 


Miller, 


Cooper, 


Moore of White, 


Cohh of Madison, 


Saffold, 


Crane, 


Saulter, 


Crawford, 


Shields, 


Dunnegan, 


Smith of Thomas, 


Ellington, 


Speer, 


Flynn, 


Shropshire, 


Foster of Paulding, 


Stanford, 


Harland, 


Stanley, 


Higden, 


Trammell, 


Houston, 


Trawick, 


Holcomhe, 


Waddell, 


Howe, 


Woodey, 


Hudson, 


Wooten. 



There are yeas, 64 ; nays, 48. Bo tlie motion to recon- 
sider prevailed. 



544 Confederate Records 

On motion of Mr. Akerman, leave of absence was 
granted to Mr. Bigby, on account of important business 
of an official character. 

The reconsidered report of the Committee on Execu- 
tive Department was, on motion of Mr. Conley, taken up, 
and amended by striking out "ten" and inserting in lieu 
thereof ''six," wherever it occurs in section third and 
second line. 

The report, as amended, was adopted, and referred to 
the Committee on Revision. 

Mr. Shropshire, from the Finance Committee, made 
the following report, to-wit: 

Section 1. Be it ordained by the people of Georgia, 
in Convention assembled, That an Ordinance of this Con- 
vention, passed on the 20th day of December, in the year 
1867, entitled 

"An Ordinance to levy and collect a tax to pay the 
delegates and officers connected with the Convention, as 
well as all other incidental expenses," except the second 
section thereof, is hereby rescinded, and the following is 
ordained in lieu thereof, to-wit: 

That it shall be the duty of the Comptroller-Greneral 
of the State of Georgia to levy and assess a tax of one- 
tenth of one per cent, on all the taxable property of this 
State, as returned upon the digest for the year 1867, for 
the purpose of defraying the expenses of this Convention, 
and the compensation of officers and members thereof; 
and it shall be the duty of the tax collectors in the several 
counties of this State to collect the tax so assessed, and 
to pay the same to the Comptroller-General on or before 
the first day of May, 1868. And it shall be the duty of 



Journal, Constitutional Convention 1867-68 545 

the several Tax Collectors to issue executions against all 
persons subject to taxation under this Ordinance whose 
tax is unpaid, after twenty days' notice to pay it, for 
the amount of tax due by them, and fifty per centum 
thereon and all costs ; and of Sheriffs and Constables to 
levy and sell under such executions and to return the 
proceeds to the T^x Collectors as soon as the same can 
de done under the provisions of existing laws. 

Sec. 2. Be it further ordained, That any scrip which 
may be issued by the authority of this Convention for the 
purpose aforesaid, shall be receivable by the ComptroUer- 
Greneral from the Tax Collectors in payment of the tax 
aforesaid. 

Sec. 3. Be it further Ordained, That the Tax Col- 
lectors shall receive the same per cent, for collecting the 
tax aforesaid as they are now allowed by law for collect- 
ing the State tax. 

Sec. 4. Be it further Ordained, That the Comptroller- 
General shall issue to Tax Collectors all necessary orders 
for the collection and payment of the tax aforesaid ; which 
orders shall be binding upon said Tax Collectors. 

Sec. 5. Be it further Ordained, That the moneys and 
script received by the Comptroller-General under this 
Ordinance be paid by him into the Treasury of this State, 
to be disposed of as this Convention shall hereafter direct. 

Also the following, to-wit: 

Resolutions in relation to an Ordinance providing 
means of defraying the expenses of this Convention, etc. 

1. Resolved, That the General commanding the Third 
Military District be requested to enforce an Ordinance 



546 Confederate Records 

of this Convention, passed this day, entitled ''An Ordi- 
nance to provide the means of defraying the expenses of 
this Convention, and the compensation of officers and 
members. ' ' 

2. Resolved, That copies of said Ordinance and of 
these Eesolutions be transmitted by the President to 
Major-General Meade, to the Provisional Grove rnor, and 
Comptroller-General of the State. 

On motion of Mr. Shropshire, the Rule was suspended, 
and foregoing report taken up. 

Mr. Whiteley moved to lay the same on the table until 
Monday next. 

The motion did not prevail. 

The President stated that, as this report proposed to 
rescind an Ordinance passed by this Convention, it would 
require a vote of two-thirds for its adoption. 

The question of its adoption being submitted, a di- 
vision was called for. 

There were 98 yeas and 13 nays. 

Being a vote of two-thirds in the affirmative, the re- 
port was adopted, to-wit: the Ordinance and Resolutions 
relating thereto, as reported. 

Mr. Burnett, Chairman of the Committee appointed to 
investigate certain charges in relation to A. A. Bradley, 
made the following report, to-wit: 

Your Committee appointed on the 22d January, last, 
to investigate the truth or falsity of a charge made 
against Aaron Alpeoria Bradley, a member of this Con- 



JouKNAL Constitutional Convention 1867-68 547 

vention, to the effect that he had at one time been con- 
victed in a New York Court of a grave offense, and sen- 
tenced therefor to two years imprisonment in a peniten- 
tiary, beg leave to report: That they have in their pos- 
session a duly certified copy of the record of the City 
Court of Brooklyn, N. Y., showing that on the 13th day 
of June, 1851, Aaron Bradley, bom near Augusta, Geor- 
gia, was convicted of seduction, and thereupon sentenced 
to two years' imprisonment in the State's Prison. 

Your Committee have also in their possession a pub- 
lished copy of a regular certified copy of the records of 
the Superior Court of the county of Suffolk, holden in the 
City of Boston and Commonwealth of Massachusetts, 
showing that Aaron A. Bradley was, on the 4th day of 
October, 1856, stricken from the roll of attorneys, and 
removed from practice in any Court in Massachusetts, 
for contempt of Court and malpractice; the original of 
which copy is subject to the order of the Chairman of 
your Committee. 

Your Committee would also beg leave to state that 
the said Bradley was invited to come before them, and 
any reasonable defense he might offer would be fairly 
entertained; but he declined so to do. 

In view of the evidence hereto attached, your Com- 
mittee think there is nothing that can justify this body 
in retaining, as a member to this Convention, the said 
Bradley. They therefore recommend the immediate 
adoption of the following Resolution : 

Resolved, That in view of the evidence against A. A. 
Bradley, a member of this Convention, of criminal con- 
duct, said Bradley be, and he is hereby expelled from the 
Hall of this Convention. 



548 CONFEDEEATE ReCOKDS 

The following evidence was submitted with the fore- 
going report: 

The People of the State of New York, by the grace of 
God, Free and Independent. 

To all whom these presents may come — Greeting : 

Know ye, that we, having inspected the files and rec- 
ords of our City Court at the City of Brooklyn, in the 
County of Kings, do find a certain record remaining there, 
on file of record, in the words and figures following, to- 
wit: 

Thursday, 12th June, 1851. 

The People, etc., ^ H. A. Moore, \ Indictment, 

vs. \- V Seduction. 

Aaron Bradley. j Allen. J 

On motion of the District Attorney, ordered that he 
have leave to proceed to trial. 

People's Witnesses. — Cecilia Holley, Elizabeth Clark, 
James T. Holley, Eliza Jackson, Maria Holmes. 

Jurors Sworn. — James Bennett, Francis Quevedo, 
Leonard Cooper, Robert Craig, Sam'l B. Tuthill, Barzilia 
Russell, Wm. Brown, Jarvis Wood, Piatt W. Jarvis, John 
French, Ira Smith, Simon Driscoll. 

Proclamation made, and Court adjourned to Friday, 
13th. 

Friday, June 13th, 1851, Court met pursuant to ad- 
journment. 

Present as above. 

Proclamation made, and Court opened. 

Same 
vs. Cause continued. 

Same. 



Journal Constitutional Convention 1867-68 549 

Defendant's Witnesses. — John S. Kenney, Horace 
Redfield, J. J. Simons, H. H. Moore. 

The Jury retired in charge of a sworn officer. On 
returning into Court, they say they find the defendant 
guilty. 

Aaron Bradley ha^nng been convicted of seduction, 
was sentenced to imprisonment in the State's Prison at 
Mount Pleasant, for a term of two years. 

Being examined under oath, says he was born near 
Augusta, in Georgia; declines answering to his age; is a 
shoemaker by trade ; practices law, and was never in any 
State Prison before. 

All of which we have caused, by these presents, to be 
exemplified, and the seal of said Court for said City to 
be hereunto affixed. 

[seal] The City Court of Brooklyn. 

Witness Hon. George Thompson, Judge of the City 
Court of Brooklyn, this 29th day of January, 1868, and 
in the ninety-second year of the independence of the 
United States. 

Joseph T. Sackett, 

Clerk City Court of Brooklyn. 

I, George Thompson, Judge of the City Court of 
Brooklyn, do hereby certify that Joseph T. Salekett, 
whose name is subscribed to the preceding exemplifica- 
tion, is the Clerk of the said City Court of Brooklyn, 
and that full faith and credit is due to his official acts. 

I further certify that the seal affixed to said exempli- 
fication is the proper seal of said Court for said city, 



550 Confederate Records 

and tliat the attestation thereof is in due form of law, 
and by the proper officer. 

Witness my hand, at the City of Brooklyn, this 29th 
day of January, in the year 1868. 

George Thompson, 

Sole Judge of the City Court of Brooklyn. 

I, the undersigned, Clerk of the City Court of Brook- 
lyn, do certify that G-eorge Thompson, whose name is 
subscribed to the foregoing certificate, is the sole and 
only Judge of said City Court of Brooklyn, and is duly 
commissioned and qualified as such. 

[seal] The City Court of Brooklyn. 

In witness whereof I have subscribed my name, and 
affixed the seal of said Court, this 29th day of January, 
1868. 

Joseph T. Sackett, 

Clerk City Court of Brooklyn. 

Mr. Blount moved a suspension of the Rule for the 
purpose of taking up the foregoing report. 

Pending this motion, the following report of a major- 
ity of said Committee was offered by Mr. McCay : 

The undersigned, members of the Committee to in- 
vestigate and report upon the charges which have been 
made against Mr. A. A. Bradley, one of the delegates 
from the First District, report, that they have examined 
the evidences they have been able to obtain, with the fol- 
lowing result: It appears by a certified copy of the 
record in the case, that on the 13th day of June, 1851, 
Aaron Bradley was convicted, before the City Court of 



JOUENAL CONSTITUTIONAI. CONVENTION 1867-68 551 

the City of Brooklyn, N. Y., of the crime of seduction, 
and sentenced to two years' imprisonment in the State's 
Prison, 

It further appears, from what seems to us tolerably 
satisfactory^ testimony, to-wit: a published copy of what 
purports to be a certified copy of a record of the Supe- 
rior Court of Suffolk, of the State of Massachusetts, that, 
on the 4th day of October, 1856, A. Bradley, or A. A. 
Bradley, was dismissed or stricken from the Bar for mal- 
practice in the duties of an Attorney. 

Your Committee are satisfied from these papers, to 
which Mr. Bradley's attention has been called, and which 
he has not even attempted to deny, in any positive way, 
that he is the identical person alluded to. 

We are not prepared to say what should be the action 
of the Convention in this matter. It cannot be denied 
that these are very grave charges against the person im- 
plicated, but we are not sure that any remedy is in the 
power of the Convention. There is no law fixing any 
qualifications for membership in this body except the Act 
of Congress of 2d March, 1867. That Act makes but one 
qualification, conformity to the third section of the pro- 
posed Constitutional Amendment, Article XIV. It is 
true, that Act prescribes conviction for felony at com- 
mon law as a disqualification of a voter. iSeduction is 
not felony at common law, nor is simple seduction felony 
by the laws of Georgia at all. It appears to us rliat this 
Convention would be adopting a dangerous rule to pre- 
scribe guilt of any offense or disqualification for a seat. 
A Convention is in its nature a body which meets 
above all rules, except those prescribed in its call. Per- 
haps half the members of this Convention, as well as that 



552 Confederate Records 

of 1865, are held by the United States to have been guilty 
of treason. It is true that they have been pardoned, but 
we greatly doubt if the pardon is at all necessary to make 
them eligible. This Convention has, without doubt, 
power to expel a member guilty of a serious crime whilst 
a member; but we are not clear that it can, within the 
scope of its powers, examine into the past history of one 
of its members, and finding it grossly immoral or crimi- 
nal, to go behind the vote of the people and expel him. 

We therefore report the facts, and ask to be dis- 
charged. 

' H. K. McCay, 
J. E. Bryant, 
S. W. Beaird, 
John T. Costin, 
R. H. Whiteley. 

The motion of Mr. Blount for the suspension of the 
Rule prevailed. 

The reports of the Committee were taken up. 

Mr. Blount moved the adoption of the report offered 
by the Chairman of the Conmiittee, Mr. Burnett, desig- 
nated in the motion as the minority report. 

Mr. Adkins moved to lay the same on the table. 

The motion did not prevail. 

Mr. Hotchkiss moved the reference of the whole sub- 
ject-matter to General Meade. 

This motion was withdrawn by consent of the Con- 
vention. 

Mr. Bradley asked leave to file his denial of the 
charges preferred. 



Journal Constitutional Convention 1867-68 553 

The permission was granted, and his denial filed is 
as follows: 

Hall of the Georgia Constitutional Convention, 

February 8th, 1868. 

In the Matter of ^ Charged with Imprisonment 
y for Seduction, under the 

A. A. Bradley. -' laws of New York. 

The delegate charged, occupying a seat in the Con- 
vention hy order of Major-General Pope, comes and de- 
nies the charges set forth in the report of the Committee, 
and also denies the truth of any supposed legal evidence 
upon which the same was founded; and prays that he be 
heard in his defense personally, and by the members of 
this Convention, and that said examination be conducted 
under the Resolution presented by Mr. George P. Bur- 
nett and adopted by the Convention. 

A. A. Bradley. 

Mr. Trammell moved that Mr. Bradley be allowed to 
remain in the Hall until he should conclude his defense. 

Mr. Bryant offered to amend the motion of Mr. Tram- 
mell, so as to allow Mr. Bradley to remain until the vote 
is about to be taken. 

The motion of Mr. Trammell, as amended, prevailed. 

The question recurring upon the motion of Mr. Blount 
for the adoption of the minority report, Mr. Hotchkiss 
called for the previous question, which was not sustained. 

Mr. Bryant moved that the whole subject-matter un- 
der consideration be laid on the taible, made the special 



554 



Confederate Records 



order for Tuesday next, and that five hundred copies of 
the reports and evidence be printed for the use of the 
Convention. 

By consent, his proposition to print was withdrawn; 
and upon the question of laying upon the table, and mak- 
ing the subject-matter under consideration the special 
order for Tuesday next, the yeas and nays were required 
to be recorded. 



Those who voted in the aflfirmative are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashburn, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowers, 

Bryant, 

Bracewell, 

Campbell, 

Carson, 

Catching, 

Casey, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Conley, 

Crayton, 

Davis, 

Dinkins, 

Dunnegan, 

Golden, 



Guilford, 

Harris of Chatham, 

Harrison of Hancock, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Linder, 

Lumpkin, 

Madden, 

MauU, 

McCay, 

Minor, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Sikes, 

Seeley, 

Sherman, 

Supple, 



Journal, Constitutional Convention 1867-68 555 



Stone, 


Whitaker, 


Turner, 


Wliitehead of Burke, 


"Walton, 


Whitely, 


Wallace, 
Whelch, 


Wooten. 


Those who voted in 


the negative, are Messrs. 


Alderman, 


Jordan, 


Angier, 


Key, 


Bell of Banks, 


Knox, 


Bowden of Monroe, 


Lee, 


Blount, 


Lott, 


Bryson, 


Maddox, 


Burnett, 


Martin of Carroll, 


Cameron, 


Martin of Habersham, 


C'liristian of Early, 


Miller, 


Cooper, 


McWhorter, 


Cole, 


Moore of White, 


Crane, 


Potts, 


Crawford, 


Roberts, 


Crumley, 


Saffold, 


Dunning, 


Saulter, 


Ellington, 


Shields, 


Flynn, 


Smith of Charlton, 


Foster of Paulding, 


Smith of Coweta, 


Gilbert, 


Smith of Thomas, 


Harland, 


Speer, 


Higbee, 


Shropshire, 


Higden, 


Shumate, 


Hotchkiss, 


Stanford, 


Houston, 


Stanley, 


Holcombe, 


Trammell, 


Howe, 


Trawick, 


Hudson, 


Waddell, 


Huteheson, 


Woodey. 



There are yeas, 61 ; nays, 56. 
Bryant prevailed. 



So the motion of Mr. 



556 Confederate Records 

Mr. Higbee, from the Oommittee on Enrollment, made 
the following report: 

Mr. President : 

The Committee on Enrollment report that the follow- 
ing Resolutions have been duly enrolled, and are ready 
for the signature of the President and the attestation of 
the Secretary, to-wit: 

A Resolution approving the plan reported by the 
Committee on Finance. 

A Resolution adding C. H. Hopkins, H. V. M. Miller, 
and Benjamin Conley to the Committee on Finance. 

A Resolution fixing the hours of meeting and adjourn- 
ment. 

Report of the Special Committee on Disbursements. 

A Resolution to add three members to the Conamit- 
tee on Printing. 

W. A. Fort, Chairman. 

The unfinished business of yesterday was resumed, 
to-wit: The report of the Committee on Franchise, the 
second section thereof being first in order, with two 
amendments reported on the Journal of yesterday as 
having been proposed by Mr. Akerman. 

The vote was taken first on the first of said amend- 
ments, and the same was adopted, to-wit: Insert after 
the word ''vote," in the fourth line of the second section, 
the following: 

And shall have paid all taxes which, may have been 
required of him, and which he may have had an oppor- 



Journal Constitutional Convention 1867-68 557 

tunity of paying, agreeably to law, for the year next pre- 
ceding the election. 

Mr. Turner offered the following as a substitute for 
the second amendment of Mr. Akerman, to-wit: 

That the Governor shall issue a proclamation, so soon 
aiS the Common School System shall have become in full 
operation, declaring that fact, and no person who becomes 
twenty-one years of age five years after the date of said 
proclamation shall vote, unless he possesses such educa- 
tional qualifications as the Legislature may prescribe. 

Mr. McCay moved to amend the amendment of Mr. 
Aikerman by providing that the only educational qualifi- 
cation which the Legislature may prescribe shall be the 
ability to read intelligently the English language. 

This amendment was accepted by Mr. Akerman, who 
revised his amendment to em'brace that of Mr. McCay, 
and to read as follows, to-wit: 

Provided, That the General Assembly shall have 
power to require ability to read the English language 
intelligently, as a qualification of voters who shall arrive 
at the age of twenty- one years after the first day of Jan- 
uary, 1873. 

Mr. Stanford offered the following as a substitute for 
the second secition, as amended, and the pending amend- 
ments thereto, to-wit : 

Every male person bom in the United States, and 
every male person who has been naturalized, or who has 
legally declared his intention to become a citizen of the 
United States, twenty-one years old or upwards, who 
shall have resided in this State twelve months next pre- 
ceding the election, and shall have resided six months 



558 Confederate Records 

in the C'oimty in which he offers to vote, shall be deemed 
an elector. 

Provided, That no soldier, or sailor, or marine, in the 
military or naval service of the United States, shall ac- 
quire a residence by reason of being stationed on duty 
in this State; Provided, that all persons who have hereto- 
fore been citizens shall be deemed electors, and all per- 
sons who have been made citizens by the Reconstruction 
Acts of Congress, shall be deemed electors after the year 
1875; Provided, That they can read and write, and un- 
derstand the moral obligation of an oath, and shall own 
and possess, in his or their own right, two hundred and 
fifty dollars' worth of real estate, and shall have paid all 
legal taxes for the year preceding the election required by 
the laws of this State. 

Mr. Ajshbum offered the following as an amendment 
to the foregoing substitute of Mr. Stanford, to-wit: 

Except those who willingly and voluntarily engaged 
in making war against the Government of tlie United 
States, who shall not be allowed to vote until the year 
1875, when the Legislature may extend to them, by a vote 
of two-thirds, the elective franchise. 

Mr. Bryant moved that debate cease on the second 
section of the report. 

The motion did not prevail. 

After further discussion, Mr. Costin renewed the mo- 
tion that debate cease on said section. 

The naotion prevailed. 

Mr. Ashburn, by consent of the Convention, withdrew 
his amendment to the substitute of Mr. Stanford. 



JouRNAi. Constitutional Convention 1867-68 559 



The vote was taken on said substitute, and the same 
was not adopted. 

The substitute of Mr. Turner for the amendment of 
Mr. Aikerman was lost. 

The question recurring on the amendment of Mr. 
Akerman, the yeas and nays were demanded thereon. 

Those who voted in the affirmative, are Messrs. 



Akerman, 

Angier, 

Bell of Banks, 

Bowden of Monroe, 

Bowers, 

Burnett, 

Carson, 

Cameron, 

Christian of Newton, 

Christian of Early, 

Cole, 

Conley, 

Crawford, 

Davis, 

Dunning, 

Flynn, 

Foster of Paulding, 

Hotchkiss, 

Howe, 

Hudson, 



Hutcheson, 

Key, 

Knox, 

Lee, 

Maddox, 

Martin of Habersham, 

McCay, 

Potts, 

Rice, 

Saffold, 

Saulter, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Shumate, 

Stanford, 

Trammell, 

Trawick, 

Turner, 

Waddell. 



Those who voted in the negative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashbum, 

Beaird, 

Baldwin, 



Bell of Oglethorpe, 

Bryant, 

Bracewell, 

Bryson, 

Bradley, 

Campibell, 



560 



Confederate Records 



Catching, 


Madden, 


Casey, 


Maull, 


Clift, 


Martin of Carroll, 


Claiborne, 


Minor, 


Chambers, 


Moore of White, 


Cobb of Houston, 


Moore of Columbia, 


Costin, 


Murphy, 


Crane, 


Noble, 


Crayton, 


Palmer, 


Crumley, 


Pope, 


Dinkins, 


Prince, 


Dunnegan, 


Reynolds, 


Ellington, 


Rozar, 


Gilbert, 


Sikes, 


Goodwin, 


Shields, 


Golden, 


•Seeley, 


Guilford, 


Sherman, 


Harrison of Hancock, 


Shropshire, 


Higbee, 


Supple, 


Higden, 


Stone, 


Houston, 


Strickland, 


Hopkins, 


Walton, 


Jackson, 


Wallace, 


Joiner, 


Welch, 


Jones, 


Whitaker, 


Linder, 


Whitehead of Burke, 


Lott, 


Whiteley, 


Lumpkin, 


Woodey. 



There are yeas, 40; nays, 68. So the amendment was 
lost. 

Mr. Bryant moved to amend the second section by 
inserting after the word ''inhabitant," in the fifth line, 
the words "a citizen of the United States." 

The same was adopted. 

Mr. Bryant also proposed to amend by inserting after 



Journal Constitutional Convention 1867-68 561 

the word ' ' aforesaid, ' ' in the seventh line, the words * * ex- 
cept as hereinafter provided." 

The same was also adopted. 

Mr. Foster, of Paulding, offered the following as a 
substitute for the second section, as amended, to-wit : 

Every elector of this State shall be a free white male 
person, and shall have attained the age of twenty-one 
years, and who has paid all taxes which may have been 
required of him, and which he has had an opportunity of 
paying, agreeably to law, for the year preceding the 
election. He shall be a citizen of the United States, and 
shall have resided one year in this State, and six months 
in the county wherein he votes. 

Provided, That no soldier, or sailor, or marine, in the 
military or naval service of the United States, sball here- 
after acquire a residence on duty in this State; and no 
person, who is not qualified to vote, shall hold any office 
in this State. 

Mr. McCay offered the following as an amendment to 
section second, in the form of an addition thereto, to-wit : 

No person who siiall, if challenged, refuse to take the 
following oath, sball vote at any election in this State : 

*'I do swear that I have not given or received, nor 
promised to give or receive, nor do I expect to give or 
receive, any money, treat, or other thing of value, by 
which my vote, or any vote, is affected, or expected to be 
affected, at this election; nor have I given, or promised 
to give, any reward, or made any threat by which to pre- 
vent any person from voting at this election." 



5fi2 Confederate Records 

Mr. McCay called for the previous question, which 
was seconded. 

The main question was put, to-wit: the question of 
adopting his amendment. 

The same was adopted. 

The question then recurred on the adoption of the 
substitute of Mr. Foster, of Paulding. 

The same was not adopted. 

Section second was then adopted, on motion, with 
amendments, and reads as follows, to-wit: 

Every male person born in the United States, and every 
male person who has been naturalized, or who has legally 
declared his intention to become a citizen of the United 
States, twenty-one years old or upward, who shall have 
resided in this State six months next preceding the elec- 
tion, and shall have resided thirty days in the county in 
which he offers to vote, and shall have paid all taxes 
which may have been required of him, and which he may 
have had an opportunity of paying, agreeably to law, for 
the year next preceding the election, except as hereinafter 
pro^^ded, shall be deemed an elector; and every male in- 
habitant, a citizen of the United States, of the age afore- 
said, who may be a resident of the State at the time of 
the adoption of this Constitution, shall be deemed an 
elector, and shall have all the rights of electors as afore- 
said, except as hereinafter provided. No person who 
shall, if challenged, refuse to take the following oath, shall 
vote at any election in this State : 

''I do swear that I have not given or received, nor 
promised to give or receive, nor do I expect to give or 
receive, any money, treat, or other thing of value, by 



JouRNAi. Constitutional Convention 1867-68 563 

which my vote or any vote is affected, or expected to be 
affected, at this election; nor have I given or promised 
any reward, or made any threat, by which to prevent any 
person from voting at this election." 

Leave of absence was granted to Messrs. McCay and 
Turner until Wednesday next. 

The Convention, on motion, adjourned until 9i/^ 
o'clock a. m., Monday. 



Atlanta, Ga., Monday, February 10, 1868. 

The Convenlion met pursuant to adjournment. 

Prayer by the Eev. Mr. Harlan. 

The Journal was read. 

Mr. Waddell gave notice that he should, at the proper 
time, move the reconsideration of the action of the Con- 
vention in relation to the second section of the report of 
the Committee on Franchise. 

Leave of absence, on motion of Mr. Akerman, was 
granted Mr. Shropshire, on account of illness of his 
family. 

The following communication from the Post OflQce De- 
partment was laid before the Convention, to-wit : 



564 Confederate Records 

Post Office Department, 

Contract Office, 

Washington, Feb. 5, 1868. 

J. R. Parrott, Esq., President Georgia Constitutional 

Convention, Atlanta, Ga. : 

Sir : A Resolution of the Georgia Convention recom- 
mending the reestablishment of the tri-weekly mail serv- 
ice between Gainesville and Anderson Court House, S. C, 
by way of Homer, Carnesville, and Hartwell, Ga., has 
been received at this office. 

In reply I have the honor to inform you that Homer, 
a very small village, is now supplied with mails on route 
No. 6032, Harmony to Homer; Carnesville is on route 
No. 6023, Elberton to Carnesville, and also on route No. 
6030, Danielsville to Carnesville, on 6031, Carnesville to 
Harmony Grove. Hartwell is supplied twice a week on 
route No. 6028, from Athens, Ga., to Anderson C. H., 
S. C. 

This latter route ends at Anderson Court House, one 
of the proposed termini of the route reconunended by the 
Convention, and runs via Hartwell to Athens, where it 
connects with a railroad, instead of turning northeast to 
Gainesville, away from all railroad connections, as asked 
in the petition. 

Such being the state of the case, the Department nec- 
essarily declines increasing the already heavy expense of 



Journal Constitutional Convention 1867-68 565 

the postal service in Georgia by opening any additional 
routes in the section indicated. 

Very respectfully, etc., 

GrEORGE W. McLelLAN, 

Second Asst. P. M. Gen. 

Mr. Martin, of Habersham, moved a suspension of the 
Rule for the purpose of offering the following Resolu- 
tion, to-wit: 

Resolved, That from and after the 20th of February 
inst., the per diem compensation of the members of this 
Convention shall be five dollars only. 

Upon the question of suspending the rules the yeas 
and nays were required to be recorded : 

Those who voted in the affirmative, are Messrs. 

Adkins, Claiborne, 

Akerman, Cooper, 

Anderson, Crane, 

Angier, Crawford, 

Bell of Banks, Crayton, 

Bowden of Monroe, Crumley, 

Bowers, Dews, 

Blount, Dunning, 

Bryant, Dunnegan, 

Bryson, Ellington, 

Buchan, Flynn, 

Burnett, Fort, 

Carson, Foster of Paulding, 

Cameron, Gove, 

Caldwell, Harrison of Hancock, 

Clift, Higbee, 

Christian of Newton, Higden, 

Chatters, ; 1 ; /Houston, 



566 



Confederate Records 



Hoi combe, 


Rozar, 


Hooks, 


Robertson, 


Hudson, 


Saulter, 


Hiitcheson, 


Shields, 


Joiner, 


Seeley, 


Jones, 


Sherman, 


Key, 


Smith of Charlton, 


Knox, 1 


Smith of Coweta, 


Linder, 


Smith of Thomas, 


Lott, 


Speer, 


Madden, 


Shumate, 


Maddox, 


Stewart, 


Manll, 


Stanford, 


Martin of Habersham, 


Supple, 


Minor, 


Trammell, 


Miller, 


Trawick, 


McWhorter, 


Wallace, 


Moore of White, 


Waddell, 


Moore of Columbia, 


Welch, 


Murphy, 


Whitaker, 


Potts, 


Whitehead of Burke, 


Prince, 


Williams, 


Reynolds, 


Woodey. 


Those who voted in 


the negative, are Messrs. 


Alexander, 


Dinkins, 


Ashbum, 


Gibson, 


Baldwin, 


Gilbert, 


Bell of Oglethorpe, 


Golden, 


Bradley, 


Griffin, 


Campbell, 


Guilford, 


Casey, 


Hotchkiss, 


Christian of Early, 


Lumpkin, 


Chambers, 


Martin of CaixoII, 


Cobb of Houston, 


Pope, 


Cobb of Madison, 


Rice, 


Costin, 


Sikes, 


Davis, 


Stone, 



Journal, Constitutional Convention 1867-68 567 

Strickland, Wooten. 

Whiteley, 

There are yeas, 82 ; nays, 29. There being a vote of 
two-thirds in the affirmative, the motion to suspend the 
Rule prevailed. 

The Resolution was taken up. 

Mr. Trammell moved to amend the same by striking 
out the words "be five dollars," and inserting in lieu 
thereof the word ' ' cease. ' ' 

Mr. Davis proposed to amend by striking out the 
words ''20th February inst.," and inserting "first of 
March." 

Pending discussion on the proposed amendments, Mr. 
Whiteley moved that the Resolution and proposed amend- 
ments be laid on the table. 

Upon this motion the yeas and nays were demanded. 

Those who voted in the aflfirmative are Messrs. 

Alexander, Cobb of Houston, 

Anderson, Cobb of Madison, 

Ashbum, Costin, 

Beaird, Crayton, 

Baldwin, Davis, 

Bell of Oglethorpe, Dinkins, 

Bryant, Gibson, 

Buchan, Grilbert, 

Campbell, Golden, 

Carson, Griffin, 

Casey, Guilford, 

Clift, Harrison of Hancock, 

Chatters, Higbee, 

Claiborne, Higden, 

Chambers, Jackson, 



568 

L 

Joiner, 

Jones, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Martin of Carroll, 

Moore of Columbia, 

IVfurphy, 

Noble, 

Palmer, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Rice, 

Rozar, 



Confederate Records 



Roberts, 

Sikes, 

Seeley, 

Sherman, 

Shumate, 

Stewart, 

Supple, 

Stanley, 

Stone, 

Strickland, 

Walton, 

Wallace, 

Welch, 

Whitaker, 

Whitehead of Burke, 

Whiteley, 

Williams, 

Wooten. 



Those who voted in the negative, are Messrs. 



Adkins, 

Akerman, 

Angier, 

Bell of Banks, 

Bowden of Monroe, 

Bowers, 

Blount, 

Bryson, 

Burnett, 

Cameron, 

Christian of Early, 

Cooper, 

Cole, 

Crane, 

Crawford, 

Crumley, 

Dews, 

Dunning, 



Dunnegan, 

Ellington, 

Flynn, 

Fort, 

Foster of Paulding, 

Gove, 

Hotchkiss, 

Houston, 

Holcombe, 

Hooks, 

Hudson, 

Hutcheson, 

Key, 

King, 

Knox, 

Lott, 

Martin of Habersham, 

Minor, 



Journal Constitutional Convention 1867-68 569 

Miller, Smith of Thomas, 

McWhorter, Speer, 

Moore of White, Stanford, 

Robertson, Trammell, 

Saulter, Trawick, 

Shields, Waddell, 

Smith of Charlton, Woodey. 
Smith of Coweta, 

There are yeas, 66 ; nays, 51. So the motion to lay on 
the table prevailed. 

On motion of Mr. Supple, the Rule was suspended for 
the introduction of the following Resolution: 

Resolved, That it is the duty of this Convention, un- 
der the present circumstances, to inquire how many mem- 
bers are absent and how long, and that a Committee of 
five be appointed to report all delegates who are absent 
without leave, and the length of time and cause of such 
absence. 

The Resolution was taken up and agreed to. 

T\be President appointed the following Committee 
under the foregoing Resolution, to-wit : Messrs. Supple, 
Whiteley, Blount, Maddox, and HolcomJbe. 

The motion of Mr. Waddell for the reconsideration 
of the action of the Convention in relation to the adoption 
of the second section of the report of the Committee on 
Franchise was taken up. 

On the proposition to reconsider, Mr. Bryant called 
for the previous question, which was sustained. 

Upon the main question the yeas and nays were re- 
quired to be recorded. 



570 



Confederate Records 



Those who voted in the affirmative, are Messrs. 



Bowden of Monroe, 

Burnett, 

Cameron, 

Christian of Early, 

Cooper, 

Dews, 

Fort, 

Foster of Paulding, 

Gove, 

Griffin, 



Holcombe, 

Hooks, 

Hudson, 

Hutcheson, 

Key, 

King, 

Shumate, 

Stanford, 

Trammell, 

Waddell. 



Those who voted in the negative, are Messrs. 



Adkins, 

Akerman, 

Alexander, 

Anderson, 

Angier, 

Ashburn, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowers, 

Blount, 

Bryant, 

Braeewell, 

Bryson, 

Bradley, 

Campbell, 

Carson, 

Casey, 

Caldwell, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 



Cobb of Madison, 

Costin, 

Cole, 

Oane, 

(Vawford, 

Cray ton, 

Crumley, 

Davis, 

Dinkins, 

Dunning, 

Dunnegan, 

Ellington, 

Gilbert, 

Golden, 

Guilford, 

Harris of Chatham, 

Harrison of Hancock, 

Higbee, 

Higden, 

Hotchkiss, 

Houston, 

Howe, 

Jackson, 

Joiner, 

Jones, 



Journal, Constitutionax, Convention 1867-68 571 



Jordan, 

Knox, 

Linder, 

Lott, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Martin of Carroll, 

Martin of Habersham, 

Minor, 

Miller, 

Moore of White, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Roberts, 



Robertson, 

Sikes, 

Shields, 

Seeley, 

Sherman, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Stewart, 

Supple, 

Stanley, 

Stone, 

Strickland, 

Trawick, 

Turner, 

Walton, 

Wallace, 

Welch, 

Whitaker, 

Whitehead of Burke, 

Whiteley, 

Williams, 

Woodey. 



There are yeas, 20; nays, 98. So the m;otion to re- 
consider did not prevail. 

Leave of absence was granted Messrs. Martin, of Cal- 
houn, Harris, of Newton, Bowden, of Campbell; and to 
Mr, Buchan, until Friday next, on account of important 
business. 

The unfinished business of Saturday was resumed, 
to-wit: The report of the Committee on Franchise, the 
third section thereof being first in order. 



Mr. Parrott moved to amend said section by striking 



572 CONFEDEKATE BeCORDS 

out from the ninth and tenth lines thereof the words **as 
an elector. ' ' 

Mr. Miller offered the following as a substitute for 
the whole of said section, to- wit: 

The General Assembly may provide, from time to 
time, for the registration of all electors, but the following 
classes of persons shall not be permitted to register, vote, 
or hold office: 1st, Those who shall have been convicted 
of treason, embezzlement of public funds, malfeasance in 
office, crime punishable by law with imprisonment in the 
Penitentiary, or bribery; 2d, Those who are idiots or 
insane. 

Mr. Bryant proposed to amend said section by strik- 
ing out from the first line of the same the words "it shall 
be the duty of," and the word '*to" after the word 
''A-ssemibly," and inserting the word ''may" in lieu of 
the word last proposed to be stricken out, so that it will 
read "the General Assembly may." 

Pending discussion on the foregoing section and 
amendments, Mr. Whiteley having the floor, the Conven- 
tion, on motion, adjourned until 91/2 o'clock a. m., to- 
morrow. 



Atlanta, Ga., Tuesday, February 11, 1868. 
The Convention met pursuant to adjournment. 
Prayer by the Chaplain. 
The Journal was read. 
Mr. Martin, of Habersham, moved to reconsider so 



Journal Constitutional Convention 1867-68 573 

much thereof as relates to the rejection of his Resolution 
reducing the per diem of members after the 20th inst. 

The motion to reconsider did not prevail. 

Mr. Turner moved a suspension of the Rule for the 
introduction of the following Resolution, to- wit: 

Besolved, That the Secretary of this Convention be 
authorized to have the able and eloquent speech of the 
Hon. Mr. Akerman, delivered in the Hall of the Georgia 
Constitution Convention on the subject of sutfrage, pub- 
lished in the official organs of this Convention, and that 
ten copies be furnished each member for their constit- 
uents. 

The motion to suspend the Rule prevailed. 

The Resolution was taken up, and on motion of Mr. 
Murphy, amended by striking out "ten" and inserting 
' ' twenty-five. " 

On motion of Mr. Trammell the same was further 
amended by including the speech of Mr. Waddell, deliv- 
ered on the same subject. 

On motion of Mr. Conley the Resolution, as amended, 
was laid on the table. 

The special order of the day was taken up, to-wit: 
the majority and minority reports of the committee ap- 
pointed to inquire into certain charges against Mr. Brad- 
ley, and his defense against such charges, a motion by 
Mr. Blount pending for the adoption of the minority re- 
port as a substitute for that of the majority. 

Mr. Akerman moved that the subject-matter be re- 
committed to the Special Committee, with instruction to 
report on or before next Friday. 



574 



Confederate Records 



Mr. Turner moved the indefinite postponement of the 
whole subject, but afterwards withdrew said motion. 

On motion of Mr. Bryant, it was determined that de- 
bate on the matter pending immediately cease. 

The question recurring on the motion of Mr. Akerman, 
the yeas and nays were required to be recorded thereon. 

Those who voted in the affirmative, are Messrs. 



Adkins, 

Akerman, 

Alexander, 

Bedford, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowers, 

Bryant, 

Brown, 

Bracewell, 

Bullock, 

Campbell, 

Carson, 

Casey, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Cobb of Houston, 

Cobb of Madison, 

Costin, 

Crawford, 

Crayton, 

Davis, 

Dinkins, 

Dunning, 



Dunnegan, 

Ellington, 

Gilbert, 

Golden, 

Harrison of Hancock, 

Higbee, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Knox, 

Linder, 

Madden, 

Maull, 

Minor, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Rozar, 

Robertson, 

Sikes, 

Seeley, 

Sherman, 

Stewart, 



Journal Constitutional Convention 1867-68 575 



Supple, 


Whitaker, 


Stone, 


Whitehead of Burke, 


Wallace, 


Whiteley, 


Welch, 


Woo ten. 


Those who voted 


in the negative, are Messrs. 


Eeil of Banks, 


King, 


Bowden of Monroe, 


Lee, 


Bryson, 


Lott, 


Burnett, 


Maddox, 


Cameron, 


Mathews, 


Christian of Early, 


Martin of Carroll, 


Cole, 


Martin of Calhoun, 


Crane, 


Martin of Habersham, 


Crumley, 


Miller, 


Dews, 


Moore of White, 


Edwards, 


Potts, 


Flynn, 


Saffold, 


Fort, 


Saulter, 


Foster of Paulding, 


Shields, 


Grove, 


Smith of Charlton, 


Griffin, 


Smith of Coweta, 


Harland, 


Smith of Thomas, 


Higden, 


Speer, 


Houston, 


Shumate, 


Holcombe, 


Stanford, 


Hooks, 


Stanley, 


Howe, 


Trammell, 


Hudson, 


Trawick, 


Hutches on, 


Turner, 


Jordan, 


Waddell, 


Key, 


Woodey. 


There are years, 


64; nays, 52. So the motion t 


commit prevailed. 





On motion of Mr, 
to said Comimittee. 



Trammell Mr. Akerman was added 



576 Confederate Records 

Leave of absence was granted Messrs. Harris of Chat- 
ham, Dews and Yeates. 

Mr. Higbee, from the Committee on Enrollment, made 
the following report : 

Mr. President : 

The Committee on Enrollment beg leave to report that 
the following Resolutions and Ordinances have been regu- 
larly enrolled, and are now ready for the signature of 
the President and attestation of the Secretary, to-wit: 

A Resolution to provide for the payment of Pages, 
and for other purposes. 

A Resolution to close the debate on the question of 
relief. 

A Resolution to adjourn in honor of the Hon. C. C. 
Richardson, deceased. 

A Resolution appointing a Committee to prepare a 
memorial commemorative of the Hon C. C. Rlcliardson, 
deceased. 

A Resolution relative to absent delegates. 

A Resolution requesting Major-General Meade to en- 
force an Ordinance of this Convention entitled "An Ordi- 
nance to provide the means of defraying the expenses of 
this Convention," etc. 

An Ordinance to provide the means of defraying the 
expenses of this Convention, and the compensation of offi- 
cers and members. 

W. A. Fort, 
Chairman Committee on Enrollment. 

The Convention, on motion, adjourned until 9^ 
o'clock, a. m., tomorrow. 



Journal Constitutional Convention 1867-68 577 

Atlanta, Gta., Wednesday, February 12, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Ttawick. 

The Journal was read. 

Mr. Bradley moved the reconsideration of so much 
thereof as relates to the action of the Convention in re- 
committing to the Special Committee the majority and 
minority reports of said Committee in relation to certain 
charges agaiust him. 

Mr. Bradley, while speaking in support of his motion, 
made use of certain words, to which Mr. Trammell, rising 
to a question of privilege, objected, as base calumny. 

Mr. Conley, by request of the President, took the 
chair. 

Mr. Cotting offered the following: 

Resolved, That Aaron A. Bradley, for gross insults 
offered to this Convention and members thereof, be forth- 
with expelled from his seat in this body. 

It was required by a number of members that the of- 
fensive words be taken down before action on said Resolu- 
tion, which was accordingly directed to be done by the 
President pro tern. 

They are as follows, to-wit : 

I (Bradley) have a letter, which I could not find this 
morning, involving the delegate from Gordon and the 
President of the Convention, and their families, in a like 
offense, I do not wonder at the gentleman being nettled, 
but he should not murder me. I am not the man. 



578 



Confederate Records 



Mr. Bradley denied having used a portion of the fore- 
going langauge, and admitted that he uttered a portion, 
and having concluded his defense withdrew, under the 
Rules, from the Hall of the Convention. 

The Chair submitted to the Convention the question 
of the correctness of the words taken down, which were 
unanimously decided correct. 

Upon the question of adopting the Resolution of Mr. 
Cotting, the yeas and nays were recorded. 

Those who voted in the affirmative, are Messrs. 



Adkins, 

Akerman, 

Alexander, 

Anderson, 

Ashbum, 

Bedford, 

Beaird, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Bowers, 

Blount, 

Bryant, 

Brown, 

Bracewell, 

Bryson, 

Bullock, 

Burnett, 

Campbell, 

Carson, 

Cameron, 

Catching, 

Casey, 

Caldwell, 



Clift, 

Christian of Newton, 

Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Cobb of Houston, 

Cobb of Madison, 

Costin, 

Cole, 

Conley, 

Crane, 

Crawford, 

Crayton, 

Crumley, 

Trotting, 

Davis, 

Dinkins, 

Dunning, 

Dunnegan, 

Edwards, 

T^lHngton, 

Flynn, 

Fort, 

Foster of Paulding, 



Journal Constitutional Convention 1867-68 579 



Gibson, 

Gilbert, 

Goodwin, 

Gove, 

Golden, 

Griffin, 

Guilford, 

Harland, 

Harris of Newton, 

Harrison of Hancock, 

Higbee, 

Higden, 

Hotehkiss, 

Houston, 

Holcombe, 

Hopkins, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Joiner, 

Jones, 

Jordan, 

Key, 

King, 

Knox, 

Lee, 

Linder, 

Lott, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Matthews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 



Minor, 

Miller, 

McWhorter, 

Moore of White, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Potts, 

Prince, 

Rice, 

Rozar, 

Roberts, 

Robertson, 

Saffold, 

Saulter, 

Sikes, 

Shields, 

Sherman, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shumate, 

Stewart, 

Stanford, 

Supple, 

Stone, 

Strickland, 

Trawick, 

Turner, 

Walton, 

Wallace, 

Waddell, 

Welch, 

Whitaker, 

Whitehead of Burke, 



580 Confederate Records 

Whiteley, Woodey, 

"Williams, AVooten. 

There are yeas, 130 ; nays, 0. So the Resolution was 
unanimously adopted. 

The President pro tern, directed the Sergeant-at-Arms 
to inquire and report immediately whether A. A. Bradley, 
the expelled delegate, was present in the Hall. 

The duty was performed by that officer, who reported 
negatively. 

Upon motion of Mr. Blount the President pro tern. 
directed the Sergeant-at-Arms to bring the said A. A. 
Bradley, if to be found, before the bar of the Convention, 
in order to his formal and public expulsion under the 
adopted R/Csolution. 

Mr. Bullock offered the following Resolution, which 
was taken up, to-wit : 

Resolved, That in the outrageous insinuations and 
charges made by the delegate from Chatham, A. A. Brad- 
ley, who has been expelled from this Convention, we rec- 
ognize only the senseless mouthings of an irresponsible 
person, and it is the unanimous opinion of this body that 
nothing in the falsehoods which the delegate has uttered 
can be regarded as detracting from the high social posi- 
tion and standing of the gentlemen and their families 
who were thus assailed. 

On motion of Mr. Akerman, the word "senseless" was 
stricken out, and the word "malicious" inserted in lieu 
thereof. 

The Resolution, as amended, was unanimously 
adopted. 



Journal Constitutional Convention 1867-68 581 

On motion of 'Mr. Bullock the following conununica- 
tion from the Hon. Henry P. Farrow, to the Hon. L. N. 
Trammell, and the anonymous letter to which it refers, 
were ordered to be spread upon the Journal, to-wit : 

Hall Georgia Constitutional Convention. 

Atlanta, Ga., February 12, 1868. 

Hon. L. N. Trammell : 

Dear Sir: I herewith enclose you the letter alluded 
to this morning by the expelled member, Bradley. It has 
no date as to time or place, nor has it any signature. It 
makes no allusion to you, and only alludes to the Presi- 
dent of the Convention as a person from whom he, Brad- 
ley, could' perhaps gain information concerning the libel 
therein contained. The said Bradley was exhibiting it 
around, and upon exhibiting it to me, I informed him that 
I once lived in the same county with the President, and 
that it in no way made any insinuations as to him. Be- 
lieving I recognized the handwriting and believing I knew 
who the writer was maliciously endeavoring to injure, I 
immediately procured possession of the document, with a 
view to its suppression. About two weeks after I thus sup- 
pressed the mischievious letter, the said Bradley called 
on me for it — last Monday — but I refused to let him have 
it, as I knew he wished to produce mischief. From the 
time it came into my possession, until after the allusion 
to it here this morning, it remained in my law ofl&ce, and 
no one saw it. You are at liberty to make such use of 
this letter and the enclosed as you may think proper. 

Very respectfully, etc., 

Henry P. Farrow. 



582 Confederate Records 

Anonymous letter referred to by A. A. Bradley : 

A. A. Bradley, Esq. 

Sir: Some men are trying to expel you from tlie 
Convention. They have no right to do it. If you are 
guilty as charged, you are better than others, who have 
not been convicted. There is one delegate in the Con- 
vention who, it is reported seduced his wife's sister and 
got a child by her, and if they try to expel you bring this 
up, call on them to expel all who have seduced negro and 
white women too. Ask your President, J. R. Parrott, if 
he does not know a delegate who has seduced bis sister- 
in-law. I suggest that you introduce a Resolution to in- 
quire into and report on all delegates who have been 
guilty of seduction, of either black or white women. I 
refer you to A. M. Franklin, W. H. Pritchett, J. A. 
Howard, and J. J. Jones, all of Cartersville, Ga., as wit- 
nesses. 

The Sergeant-at-Arms reported that the city had been 
searched, and that A. A. Bradley was not to be found. 

On motion of Mr. Brj^ant, the report of the Committee 
on Franchise was taken up, it being the unfinished busi- 
ness of Monday last. The third section thereof, with the 
proposed amendment of Mr. Parrott, substitute of Mr. 
Miller, and amendment of Mr. Bryant, previously placed 
on the Journal, was first in order. 

After discussion, Mr. Miller moved that the debate 
cease on the pending subject-matter. 

The motion prevailed. 

Upon the question of adopting the substitute of Mr. 
Miller, the yeas and nays were required to be recorded. 



.louRNAx, Constitutional Convention 1867-68 583 



Those who voted in the affirmative, are Messrs. 



Akerman, 

Alexander, 

Anderson, 

Angier, 

Ashburn, 

Beaird, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Bowers, 

Blount, 

Brown, 

Bracewell, 

Bryson, 

Burnett, 

Campbell, 

Carson, 

Cameron, 

Casey, 

Caldwell, 

Christian of Newton, 

Chatters, 

Claiborne, 

('hambers, 

Cooper, 

Cobb of Madison, 

Crane, 

Crawford, 

Cray ton, 

Crumley, 

Cotting, 

Davis, 

Dinkins, 

Dunning, 

Edwards, 

Ellington, 

Flynn, 



Fort 

Foster of Paulding, 

Gibson, 

Gilbert, 

Goodwin, 

Gove, 

Golden, 

Griffin, 

Guilford, 

Harland, 

Harris of Newton, 

Harrison of Hancock, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hopkins, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Jackson, 

Jones, 

Jordan, 

Key, 

King, 

Knox, 

Lee, 

Linder, 

Lott, 

Lumpkin, 

Maddox, 

Maull, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 



584 



Confederate Records 



Minor, 


Smith 01 Thomas, 


Miller, 


Speer, 


Moore of White, 


Shumate, 


Moore of Columbia, 


Stewart, 


Murphy, 


Stanford, 


Noble, 


Stanley, 


Palmer, ^ 


Stone, 


Pope, 


Strickland, 


Potts, 


Trammell, 


Prince, 


Trawick, 


Reynolds, 


Turner, 


Rice, 


Walton, 


Rozar, 


Wallace, 


Roberts, 


Welch, 


Robertson, 


Whitaker, 


Saffold, 


Whitehead of Burke, 


Saulter, 


Whiteley, 


Shields, 


Williams, 


Smith of Charlton, 


Woodey, 


Smith of Coweta, 


Wooten. 


Those who voted in 


the negative, are Messrs. 


Adkins, 


Dunnegan, 


Bedford, 


Higbee, 


Bryant, 


Joiner, 


Bullock, 


Madden, 


Catching, 


Sikes, 


Clift, 


Seeley, 


Cobb of Houston, 


'Sherman. 


Cos tin. 





There are yeas, 116; nays, 15. 
adopted, and is as follows : 



So the same was 



Sec. 3. The General Assembly may provide, from 
time to time, for the registration of all electors, but the 
following class of persons shall not be permitted to regis- 
ter, vote, or hold office: 1st, Those who shall have been 



Journal Constitutional Convention 1867-68 585 

convicted of treason, embezzlement of public funds, mal- 
feasance in oflfice, crime punishable by law with imprison- 
ment in the Penitentiary, or bribery; 2d, Those who are 
idiots or insane. 

Mr. Bryant proposed to offer an amendment to the 
substitute as adopted. 

The President pro tern, decided it out of order to 
amend the substitute, as it had, by its adoption, become a 
part of the report. 

Prom this decision Mr. Bryant appealed. 

The decision of the Chair was sustained by the Con- 
vention. 

The Rule was suspended, on motion of Mr. Akerman, 
when he offered the following Resolution, which was taken 
up and adopted, to-wit : 

Resolved, That the Committee to whom were referred 
certain charges against A. A. Bradley, late delegate from 
Chatham, be discharged from the further consideration 
of the subject. 

Mr. Hopkins moved the appointment of a Committee 
of three to draft and report a Resolution approving and 
sutaining the action of General Meade in removing from 
office Hon. Charles J. Jenkins. 

The motion of Mr. Hopkins was superseded by a mo- 
tion of Mr. Cotting to suspend the Rule for the introduc- 
tion of a Resolution on the same subject. 

Pending discussion on the proposition to suspend the 
Rule, the hour of adjournment arrived, and the President 
pro tem. declared the Convention adjourned until 9^4 
o'clock a. m., tomorrow. 



586 Confederate Records 

Atlanta, Ga., Thursday, February 13, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

The motion of Mr. Cotting to suspend the Rule for 
the introduction of the following Resolution, which was 
pending at the last adjournment, was taken up, to-wit : 

Whereas, Some unauthorized person has undertaken 
to institute procedings in the Supreme Court of the 
United States, in the name of the State of G-eorgia 
versus Generals Grant, Meade, and others. Therefore, 

Resolved, by this Convention, representing the people 
and sovereignty of Georgia, That no person has been em- 
powered by any statute of this State, or by any Ordinance 
of this Convention, to commence or prosecute any such 
suit, and that the people of Georgia, as plaintiffs, will 
not litigate said suit, and demand that it be dismissed 
from said Court. 

Resolved, That, as it may be necessary that an attor- 
ney should be employed to represent the State of Georgia 
in said suit, the Hon. B. H. Bigham, of Troup county, be 
authorized and empowered to represent the State in the 
QJbove mentioned case before the Supreme Court, and pro- 
cure the dismissal of the same. 

The previous question was called and seconded. 

The main question, to-wit : the motion to suspend the 
Rule, was put, and did not prevail. 

Leave of absence was granted Messrs. Shields and 
Roberts. 



Journal, Constitutional Convention 1867-68 587 

On motion of Mr. Bryant, the report of the Committee 
on Franchise was resumed as the unfinished business of 
yesterday, the fourth section thereof being first in order. 

Mr. Whiteley moved that the whole of it be stricken 
out. 

Mr. Dunning proposed to amend said section by strik- 
ing out all of the first line preceding the word "I," and 
inserting in lieu of the words to be stricken out the fol- 
lowing : 

All electors, if required to register, must take and sub- 
scribe the following oath. 

Strike out from the third and fourth lines the follow- 
ing: 

That I am not excluded from registering by any of 
the clauses of section three. Article — , of the Constitu- 
tion of Georgia. 

Also, by inserting the word *'and" before the word 
'Hhat," in the fourth line, so that the section would read; 

All electors, if required to register, must take and sub- 
scribe the following oath: ''I , do solemnly 

swear (or affirm) that I will support and maintain the 
Constitution and laws of the United States, and the Con- 
stitution and laws of Georgia, and that I will never coun- 
tenance nor aid in the secession of this State from the 
United States. So help me God." 

Mr. McCay proposed to amend the amendment of Mr. 
Dunning by striking therefrom the following: 

And that I will never countenance nor aid in the se- 
cession of this State from the United States. 



588 



Confederate Records 



Mr. Dunning, with the consent of the Convention, with- 
drew his amendment, and proposed to amend said section 
by striking from the first line the words "all persons, 
before registering," and inserting in lieu thereof the 
words "all electors, if required to register." 

Mr. Whiteley called for the previous question, which 
was seconded. 

The main question was put, and the amendment of 
Mr. Dunning adopted. 

The question recurring upon the motion of Mr. White- 
ley, to strike out said section, the yeas and nays were 
demanded. 



Those who voted in the affirmative, are Messrs. 



Adkins, 

Akerman, 

Anderson, 

Angier, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Blount, 

Brown, 

Bracewell, 

Carson, 

Cameron, 

Caldwell, 

Christian of Newton, 

Claiborne, 

Chambers, 

Cooper, 

Cobb of Madison, 

Cole, 

Orawford, 



Davis, 

Flynn, 

Fort, . 

Foster of Paulding, 

G-ove, 

Griffin, 

Harland, 

Harris of Newton, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 

Hopkins, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Jordan, 

Key, 

King, 

Knox, 



JouRNAii Constitutional Convention 1867-68 589 



Lee, 


Saffold, 


Linder, 


Saulter, 


Lott, 


Seeley, 


LnTTipkin, 


Smith of Charlton, 


Maddox, 


Smith of Coweta, 


Mathews, 


Smith of Thomas, 


Martin of Carroll, 


Speer, 


Martin of Calhoun, 


Shumate, 


Martin of Habersham, 


Stanford, 


McCay, 


Stanley, 


Minor, 


Tra.mmell, 


Miller, 


Trawick, 


McWhorter, 


Turner, 


Moore of White, 


W hiteley, 


Roberts, 


Woodey. 


Those who voted in 


the negative, are Messrs. 


Alexander, 


DinkiQs, 


Ashbum, 


Dunning, 


Bedford, 


Dunnegan, 


Beaird, 


Edwards, 


Baldwin, 


Ellington, 


Bowers, 


Gilbert, 


Blodgett, 


Golden, 


Bryson, 


Guilford, 


Bryant, 


Harrison of Hancock, 


Bullock, 


Higbee, 


Campbell, 


Jackson, 


Catching, 


Joiner, 


Casey, 


Jones, 


Clift, 


Madden, 


Chatters, 


Maull, 


Cobb of Houston, 


McHan, 


Cos tin. 


Moore of Columbia, 


Conley, 


Murphy, 


Crane, i 


Neal, 


Crayton, 


Noble, 


Cotting, 


Palmer, 


Daley, 


Pope, 



590 Confederate Records 

Prinoe, Stone, 

Reynolds, Strickland, 

Rice, Walton, 

Rozar, Wallace, 

Sikes, Welch, 

Sherman, Whitaker, 

Stewart, "WHiitehead of Burke, 

Supple, Williams. 

There are yeas, 72 ; nays, 60. So the motion to strike 
out the fourth section prevailed. 

Section five being next in order, Mr. Whiteley moved 
to amend the same by striking from the second line there- 
of the words ''and civil process." 

Mr. McCay proposed to amend said section by strik- 
ing out all after the word process, in the second line, and 
adding in lieu thereof the words ''whilst going to, re- 
maining at, and returning from elections." 

The previous question was called and seconded. 

The main question was put and the amendment of 
Mr. McCay lost. 

The question recurred on the amendment of Mr. 
Whiteley, and the yeas and nays were demanded thereon. 

Those who voted in the affirmative, are Messrs. 

Adkins, Carson, 

Akerman, Cameron, 

Bell of Banks, Christian of Newton, 

Bowden of Campbell, Cooper, 

Bowden of Monroe, Cobb of Madison, 

Bowers, Cole, 

Blount, Crane, 

Brown, Crawford, 

Bracewell, Cotting, 

Bryson, Davis, 



JOURNAJL CONSTITUTIONAX. CONVENTION 1867-68 591 



Dunnegan, 

Ellington, 

Fort, 

Foster of Paulding, 

Gilbert, 

Gove, 

Griffin, 

Harland, 

Harris of Newton, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 

Hoi combe. 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Jordan, 

Key, 

King, 

Knox, 

L«e, 

Lott, 

Maddox, 

Mathews, 



Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

MoCay, 

McHan, 

Miller, 

Moore of White, 

Neal, 

Rice, 

Roberts, 

Saffold, 

Saulter, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shumate, 

Stanford, 

Stanley, 

Trammell, 

Trawick, 

Waddell, 

Welch, 

^^liteley, 

Woodey. 



Those who voted in the negative, are Messrs. 



Alexander, 

Anderson, 

Angier, 

Aishburn, 

Bedford, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Blodgett, 

Bryant, 

Bullock, 



Campbell, 

Catching, 

Casey, 

Caldwell, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Conley, 



592 



Confederate Records 



Crayton, 

Daley, 

Dinkins, 

Dunning, 

Edwards, 

Golden, 

Guilford, 

Harrison of Hancock, 

Higbee, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Linder, 

Lumpkin, 

Madden, 

Maull, 

Minor, 

Moore of Columbia, 



Murphy, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Rozar, 

Sikes, 

Seeley, 

Sherman, 

Supple, 

Stone, 

Strickland, 

Turner, 

Walton, 

Wallace, 

Wiiitaker, 

Whitehead of Burke, 

Williams. 



There are yeas, 71 ; nays, 60. 
Mr. Whiteley wais received. 



So the amendment of 



The fifth section, as amended, was adopted, and is as 
follows : 

Electors shall, in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest for five 
days before the first day of election, on the day of elec- 
tion, and two days subsequent to the last day of election. 

Mr. Murphy offered the following as a substitute for 
the sixth section: 

The sale of intoxicating liquors, on days of election, 
in this State, is hereby forever prohibited. 

Mr. Conley proposed to amend the said section by 
striking out at the end thereof the words ''at elections," 
so that it would read : 



Journal Constitutional Convention 1867-68 593 

It shall be the duty of the General Assembly to enact 
adequate laws, giving protection against the evils arising 
from the use of intoxicating liquors. 

The motion of Mr. Conley did not prevail. 

The question then recurred upon substitute offered 
by Mr. Murphy. 

The same was adopted. 

Mr. McCay moved to strike out the whole of the sev- 
enth section. 

This motion was lost. 

Mr. Bryant moved the adoption of said section, and 
called for the previous question thereon, which was sus- 
tained. 

The main question was put and the seventh section 
adopted without amendment. 

Mr. Cotting moved to strike out the eighth section. 

The motion was lost. 

Mr. Bryant moved the adoption of said section, and 
called for the previous question on his motion, which was 
sustained. 

The main question being put, the eighth section was 
adopted without amendment. 

Mr. Blount moved to amend the ninth section by strik- 
ing out the word ''November" and inserting in lieu 
thereof the word "October." 

Mr. Bryant proposed to amend said section as fol- 
lows: 

After the word ' ' Governor, ' ' in the first line, insert 



594 Confederate Records 

' ' Members of Congress ; " in the same line, after the word 
^'Representatives," insert the words "after the year 
1868;" and after the word "shall" strike out the word 
"be," and insert the word "commence." 

The amendment of Mr. Bryant was received, and the 
section, as amended, was adopted, and reads as follows, 
to-wit : 

Sec. 9. The election of Governor, Members of Con- 
gress, Senators and Representatives, after the year 1868, 
shall commence on the Tuesday after the first Monday in 
November, miless otherwise provided by the General As- 
sembly. 

The following was offered by Mr. Martin, of Haber- 
sham, as a substitute for the tenth section: 

No person who is a disqualified elector, or who is dis- 
franchised by the Constitution of Georgia, shall be eligi- 
ble to any office in this State. 

The same was not adopted. 

'Mr. Crane proposed to amend said section by insert- 
ing after the word ' ' electors, ' ' in the first line thereof, the 
words "who have been citizens of the United States for 
seven years." 

Upon the question of receiving this amendment the 
yeas and nays were required to be recorded. 

Those who voted in the affirmative, are Messrs. 



Angier, 


Bryson, 


Bell of Banks, 


Cameron, 


Bowden of Monroe, 


Cooper, 


Blount, 


Crane, 


Brown, 


Ellington, 



JouRNAi. Constitutional Convention 1867-68 595 



Fort, 

Foster of Paulding, 

Gove, 

Griffin, 

Harland, 

Harrison of Carroll, 

Higden, 

Houston, 

Hoi combe, 

Hooks, 

Howe, 

Hudson, 



Hutcheson, 

Key, 

King, 

Lott, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

Miller, 

Moore of White, 

Trammell, 

Woodey. 



Those who voted in the negative, are Messrs. 



Adkins, 

Alkerman,; 

Alexander, 

Anderson, 

Ashbum, 

Bedford, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowden of Campbell, 

Bowers, 

Blodgett, 

Bryant, 

Bracewell, 

Bullock, 

Campbell, 

Carson, 

Catching, 

Casey, 

Caldwell, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 



Cobb of Madison, 

Costin, 

Cole, 

Conley, 

Crawford, 

Cray ton, 

Cotting, 

Davis, 

Dinkins, 

Dunning, 

Dimnegan, 

Gilbert, 

Golden, 

Guilford, 

Harris of Newton, 

Harrison of Hancock, 

Higbee, 

Hotchkiss, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Kjiox, 

Lee, 



596 



Confederate Records 



Linder, 


Seeley, 


Lumpkin, 


Sherman, 


Maddox, 


Smith of Coweta, 


Maull, 


Smith of Thomas, 


Mathews, 


Shumate, 


McCay, 


Stewart, 


Minor, 


Stanford, 


McWhorter, 


Stanley, 


Moore of Columbia, 


Stone, 


Murphy, 


Strickland, 


Noble, 


Trawick, 


Palmer, 


Turner, 


Pope, 


Walton, 


Prince, 


Wallace, 


Reynolds, 


Welch, 


Rice, 


Wlii taker. 


Rozar, 


Whitehead of Burke, 


Saffold, 


Whiteley, 


Saulter, 


Williams. 


Sikes, 





There are yeas, 33; nays, 89. So the amendment of 
Mr. Crane was lost. 

Mr. Harris of Newton, moved to strike out the whole 
of said tenth section. 

Mr. McCay offered to amend the same by inserting 
after the word '^ electors," in the first line thereof, the 
following : 

Citizens of the United States, who can read and sub- 
scribe the oath of office, except disqualified by physical 
inability. 

Mr. Miller required a division of the question, so as 
first to take the vote on the insertion of the words "citi- 
zens of the United States. ' ' 

Pending discussion on said section, and the amend- 



Journal Constitutional Convention 1867-68 597 

ments proposed thereto, the Convention, on motion of Mr. 
Whiteley, adjourned until QiA o'clock a. m., tomorrow. 



Atlanta, Ga., Friday, February 14, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain, 

The Journal was read. 

Mr, Martin, of Habersham, moved a suspension of the 
Rule for the introduction of the following Ordinance, to- 
wit: 

Be it Ordained by the people of Georgia in Conven- 
tion assembled, That the bill recently filed by Ex-Gov- 
ernor C. J. Jenkins, in the United States Supreme Court, 
against Generals Grant, Meade, and other ofl&cers of the 
United States, does not receive the approval of this Con- 
vention, but, on the contrary, its unqualified condenma- 
tion. 

The motion to suspend the Rule did not prevail. 

The consideration of the unfinished business of yester- 
day was resumed, to-wit : the report of the Committee on 
Franchise, the tenth section thereof being first in order, 
with the proposed amendments of Mr. Harris, of Newton, 
and Mr. McCay. 

Mr. McCay, by consent, withdrew his amendment, and 
called for the previous question, which was sustained, on 
the motion of Mr. Harris, of Newton, to strike out the 
whole of said section. 



598 



CONFEDEEATE RECORDS 



On this proposition the yeas and nays were demanded. 
Those who voted in the afiSrmative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Angier, 

Ashburn, 

Bedford, 

Bentley, 

Baldwin, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowden of Campbell, 

Bowden of Monroe, 

Blodgett, 

Blount, 

Brown, 

Bracewell, 

Bryson, 

Bullock, 

Campbell, 

Carson, 

Cameron, 

Catching, 

Casey, 

Caldwell, 

Clift, 

Christian of Newton, 

Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Cobb of Madison, 

Conley, 

Crane, 

Crawford, 

Crayton, 

Crumley, 



Cotting, 

Davis, 

Daley, 

Dinkins, 

Edwards, 

Ellington, 

Flynn, 

Fort, 

Foster of Paulding, 

Gilbert, 

Goodwin, 

Gove, 

Golden, 

Griffin, 

Guilford, 

Harland, 

Harris of Newton, 

Harrison of Carroll, 

Harrison of Hancock, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hopkins, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Key, 

King, 

Knox, 

Lee, 



Journal Constitutional Convention 1867-68 599 



Linder, 

Lott, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

McKay, 

Minor, 

Miller, 

Moore of White, 

Moore of Columbia, 

Murphy, 

Neal, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Roberts, 

Robertson, 



Saulter, 

Sikes, 

Shields, 

Seeley, 

Sherman, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shumate, 

Stewart, 

Stanford, 

Supple, 

Stone, 

Strickland, 

Trammell, 

Trawick, 

Turner, 

Walton, 

Wallace, 

Welch, 

Whitaker, 

Whitehead of Burke, 

Whitehead of Butts, 

Whiteley, 

Williams, 

Woodey. 



Those who voted in the negative, are Messrs. 



Akerman, 


Cole, 


Beaird, 


Dunning, 


Bowers, 


Dunnegan, 


Bryant, 


Higbee, 


Cobb of Houston, 


Saffold, 


Costin, 


Stanley. 



There are yeas, 126; nays, 12. So the tenth section 
was stricken out, and the report of the Committee was 



600 Confederate Records 

adopted by sections, as amended, and reads as follows, 
to- wit : 

Sec. 1. In all the Elections by the People the Electors 
shall vote by ballot. 

Sec. 2. Every male person born in the United States, 
and every male person who has been naturalized, or who 
has legally declared his intention to become a citizen of 
the United States, twenty-one years old or upward, who 
shall have resided in this State six months next preceding 
the election, and shall have resided thirty days in the 
County in which he offers to vote, and shall have paid all 
taxes which may have been required of him, and which he 
may have had an opportunity of paying, agreeably to law, 
for the year next preceding the election, except as herein- 
after provided, shall be deemed an elector; and every 
male inhabitant, citizen of the United States, of the age 
aforesaid, except as herein pro\aded, who may be a resi- 
dent of the State at the time of the adoption of this Con- 
stitution, shall be deemed an elector, and shall have all 
the rights of electors as aforesaid: Provided, That no 
soldier, or sailor, or marine, in the military or naval 
ser\dce of the United States, shall hereinafter acquire 
a residence by reason of being stationed on duty in this 
State. No person, who shall, if challenged, refuse to take 
the following oath : 

''I do swear that I have not given or received, nor do 
I expect to give or receive, any money, treat, or other 
thing of value, by which my vote, or any vote, is affected, 
or expected to be affected, at this election; nor have I 
given or promised any reward, or made any threat, by 
which to prevent any person from voting at this election. ' ' 

Sec. 3. The General Assembly may provide, from 



Journal, Constitutional Convention 1867-68 601 

time to time, for the registration of all electors, but the 
following class of persons shall not be permitted to reg- 
ister or vote, or to hold office: First, Those who shall 
have been convicted of treason, embezzlement of public 
funds, malfeasance in office, crime punishable by law with 
imprisonment in the penitentiary, or bribery. Second, 
Those who are idiots or insane. 

Sec. 4 was stricken out. 

Sec. 5. Electors shall, in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest 
for five days before the first day of election, on the day 
of election, and two days subsequent to the day of elec- 
tion. 

Sec. 6. The sale of intoxicating liquors, on days of 
election, in this State, is hereby forever prohibited. 

Sec. 7. Returns of election for all civil officers elected 
by the people, who are to be commissioned by the Gov- 
ernor, and also for the Members of the Greneral Assem- 
bly, shall be made to the Secretary of State, unless other- 
wise provided by the General Assembly. 

Sec. 8. It shall be the duty of the General Assembly 
to enact adequate laws giving protection to electors be- 
fore, during and subsequent to elections. 

Sec. 9. The election of Governor, Members of Con- 
gress, Senators and Representatives, after the year 1868, 
shall commence on the Tuesday after the first Monday 
in November, unless otherwise provided by the General 
Assembly. 

On motion of Mr. Whiteley, the report, as adopted, 
was referred to the Committee on Revision. 

On motion of Mr. Bullock, the Rule was suspended. 



602 Confederate Records 

and the following Eesolution, offered by Mr. Cotting, 
taken up, to-wit : 

Whereas, Some nnauthorized person has undertaken 
to institute proceedings in the Supreme Court of the 
United States, in the name of the State of Georgia versus 
Generals Grant, Meade, and others. Therefore, 

Resolved, hy this Convention, representing the peo- 
ple and sovereignty of Georgia, That no person has been 
empowered by any statute of this State, or by any Ordi- 
nance of this Convention, to commence or prosecute any 
such suit, and that the people of Georgia, as plaintiffs, 
will not litigate said suit, and demand that it be dismissed 
from said Court. 

The same was amended, on motion of Mr. McCay, by 
striking out the words **by any statute of this State, or 
by any Ordinance of this Convention," and inserting in 
lieu thereof the words ''by the State of Georgia." 

On motion of Mr. Bedford, the same was further 
amended by adding the following: 

And he it further Resolved, That a copy of this Reso- 
lution be forwarded by the President to the Military Gov- 
ernor of this State, with the request that be have the seal 
of the State affixed thereto, and then forwarded to the 
Secretary of War. 

Upon the question of adopting the Resolution, as 
amended, the yeas and nays were demanded. 

Those who voted in the affirmative, are Messrs. 

AdMns, Ashbum, 

Akerman, Bedford, 

Alexander, Bentley, 

Anderson, Beaird, 



JouENAL Constitutional Convention 1867-68 



603 



Baldwin, 

Bell of Oglethorpe, 

Bowden of Campbell, 

Bowers, 

Blodgett, 

Blount, 

Bryant, 

Brown, 

Bracewell, 

Bryson, 

Bullock, 

Campbell, 

Carson, 

Catching, 

Casey, 

Caldwell, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Cobb of Madison, 

Costin, 

Conley, 

Crane, 

Crawford, 

Crayton, 

Crumley, 

Cotting, 

Davis, 

Daley, 

Dinkins, 

Dunning, 

Dunnegan, 

Edwards, 

Ellington, 

Gilbert, 

Groodwin, 

Grove, 



Golden, 

Guilford, 

Harris of Newton, 

Harrison of Hancock, 

Higbee, 

Higden, 

Hotchkiss, 

Hopkins, 

Hutcheson, 

Jackson, 

Joiner, 

Jones, 

Knox, 

Lee, 

Linder, 

Lott, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Mathews, 

Martin of Habersham, 

McHan, 

McCay, 

McWhorter, 

Moore of White, 

Moore of Columbia, 

Murphy, 

Neal, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Robertson, 

Saffold, 

Saulter, 



604 



Confederate Records 



Sikes, 

Seeley, 

Sherman, 

Smith of Thomas, 

Speer, 

Shumate, 

Stewart, 

Supple, 

Stone, 

Strickland, 



Turner, 

Walton, 

Wallace, 

Welch, 

Whitaker, 

Whitehead of Burke, 

Whiteley, 

Williams, 

Woodey. 



Those who voted in the negative, are Messrs. 



Angier, 

Bell of Banks, 

Bowden of Monroe, 

Cooper, 

Cole, 

Flynn, 

Fort, 

Foster of Paulding, 

Griffin, 

Harrison of Carroll, 

Houston, 

Holcombe, 



Hooks, 

Howie, 

Hudson, 

Key, 

King, 

Martin of Carroll, 

Martin of Calhoun, 

Miller, 

Stanford, 

Trammell, 

Trawick, 

Waddell. 



There are yeas, 105 ; nays, 24. So the Resolution, as 
amended, was agreed to. 

The Rules were suspended, when the following Reso- 
lution, which was offered by Mr. Blodgett, was taken up 
and agreed to, to-wit: 

Resolved, That a Committee of seven be appointed by 
the President to prepare and report, for the consideration 
of this Convention, a substitute for the thirty-second sec- 
tion of the Bill of Rights, in relation to the Homestead. 

The President announced the following as the Com- 



JouENAL Constitutional Convention 1867-68 605 

mittee under said Resolution, to-wit : Messrs. Blodgett, 
Blount, Hotchkiss, Gove, Crane, Bedford, and Miller. 

Leave of absence was granted Messrs. Gibson, Harris 
of Newton, Brown of Henry, Bowden of Monroe, Turner, 
and Catching. 

Mr. Ashburn moved to take from the table the 
motion of Mr. Dunning for the reconsideration of the 
action of the Convention on the subject of relief. 

Mr. Bullock rose to a point of order, assuming that, 
in order to take up the motion, it required a suspension 
of the Rule. 

Mr. Trammell (in the Chair) overruled the point of 
order, stating that such a suspension was unnecessary 
when no special order is pending. 

From this decision Mr. Bullock appealed, and the 
decision of the Chair was not sustained. 

On the proposition to suspend the Rule less than two- 
thirds voted in the affirmative, and the motion was there- 
fore lost. 

On motion of Mr. Whiteley, the report of the Com- 
mittee on Legislative Department was taken up by sec- 
tions and paragraphs. 

The first and second paragraphs of the first section 
were adopted without amendment. 

On motion of Mr. Bryant, the third paragraph of the 
first section was amended by striking out from the fourth 
line "the first Wednesday in October," and inserting 
' ' Tuesday after the first Monday in November. ' ' AlsOy 
by striking out the word ''Legislature," in the sixth line, 
and inserting the words ''General Assembly." 



606 Confederate Records 

The same was further amended, on motion of Mr. 
Miller, by striking out the word ''be," in the fourth line 
thereof, and inserting the word "begin." 

The third paragraph of the first section was adopted, 
as amended, and reads as follows, to-wit : 

3. The members of the Senate shall be elected foi 
four years, except that the members elected at the first 
election from the twenty-two Senatorial Districts, num- 
bered in this Constitution with odd numbers, shall only 
hold their office for two years. The members of the 
House of Representatives shall be elected for two years. 
The election for members of the General Assembly shall 
begin on Tuesday after the first Monday in November of 
every second year, except the first election, which shall 
be within days after the adjournment of this Con- 
vention; but the General Assembly may, by law, change 
the day of election, and the members shall each hold until 
their successors are elected and qualified. 

On motion of Mr. Whiteley, the fourth paragraph of 
the first section was amended by striking out from the 
second line the words ' ' first Tuesday in November, ' ' and 
inserting ' ' second Wednesday in January. ' ' 

On motion of Mr. Conley, the said paragraph was fur- 
ther amended by striking out of the fifth line the words 
"first above mentioned," and inserting in lieu thereof 
the words "second under this Constitution." 

Mr. Ashbum proposed to amend the same paragraph 
by striking from the sixth line the word "two-thirds" 
and inserting in lieu thereof the word "majority." 

Upon this motion the yeas and nays were required to 
be recorded. 



Journaij Constitutional Convention 1867-68 607 



Those who voted in the affirmative, are Messrs. 



Ashbum, 

Bentley, 

Baldwin, 

Bell of Oglethorpe, 

Bryant, 

Bullock, 

Campbell, 

Catching, 

Casey, 

Clift, 

Chatters, 

Claiborne, 

Cobb of Houston, 

Costin, 

Crayton, 

Dinkins, 

Edwards, 

Gilbert, 

Golden, 

Harrison of Hancock, 

Hopkins, 

Jackson, 



Joiner, 

Linder, 

Madden, 

Maull, 

Moore of Columbia, 

Murphy, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

R'ozar, 

Sikes, 

Seeley, 

Sherman, 

Stewart, 

Stone, 

Turner, 

Wallace, 

Whitaker, 

Whitehead of Burke. 



Those who voted in the negative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Angier, 

Bedford, 

Beaird, 

Bowden of Monroe, 

Bowers, 

Blodgett, 

Blount, 

Brown, 

Bracewell, 

Bryson, 



Carson, 

Cameron, 

Christian of Newton. 

Chambers, 

Cooper, 

Conley, 

Crane, 

( ^rawf ord, 

Cotting, 

Dunning, 

Dunnegan, 

Ellington, 

Foster of Paulding, 



608 



Confederate Records 



Goodwin, 

Gove, 

Griffin, 

Harris of Newton, 

Harrison of Carroll, 

Higbee, 

Higden, 

Hotchkiss, 

Holcombe, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Jones, 

Jordan, 

Key, 

King, 

Knight, 

Lee, 

Lott, 

Lumpkin, 

Maddox, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 



McCay, 

Mc'Han, 

Minor, 

Miller, 

McWhorter, 

Moore of White, 

Neal, 

Rice, 

Robertson, 

Saffold, 

Saulter, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shumate, 

Stanford, 

Trammell, 

Trawick, 

Walton, 

Waddell, 

Welch, 

Whiteley, 

Williams, 

Woodey. 



There are yeas, 43; nays, 77. So the amendment of 
Mr. Ashbum was not received. 

Mr. Bryant moved to strike out all after the word 
"provide" in the fifth line of said fourth paragraph, as 
amended. 

The motion did not prevail. 

The fourth paragraph, as amended, was adopted, and 
reads as follows: 



The first meeting of the General Assembly shall be 



Journal Constitutional Convention 1867-68 609 

within days after the adjournment of this Conven- 
tion, after which it shall meet annually on the second 
Wednesday in January, or on such other day as the Gen- 
eral Ajssembly may prescribe. A majority of each 
House shall constitute a quorum to transact business, but 
a small number may adjourn from day to day, and com- 
pel the presence of its absent members, as each House 
may provide. No session of the Greneral Assembly, after 
the second, under this Constitution, shall continue longer 
than forty days, unless prolonged by a vote of two-thirds 
of each branch thereof. 

Mr. Murphy moved to strike out, after the word "ex- 
cept, ' ' in the second line of the fifth paragraph of the first 
section, "Justices of the Inferior Court." 

The motion was lost. 

Mr. Cotting moved to amend said paragraph by strik- 
ing out from the second line thereof the words "or the 
United States, or either of them." 

The same did not prevail. 

Mr. Bryant moved to amend said paragraph by strik- 
ing out all after the word "House" in the fourth line of 
the same. 

The motion was lost, and paragraph five, of the first 
section, was adopted without amendment. 

On motion of Mr. Conley, the sixth paragraph was 
amended by inserting after the word "shall," in the sec- 
ond line thereof, the words "vote or." 

Mr. Crane moved to further amend said paragraph by 
striking out the words "unless he shall have been par- 
doned." I 



610 Confederate Records 

The same did not prevail. 

Paragraph six, of the first section, was adopted, as 
amended, and is as follows: 

No person convicted of any felony or larceny before 
any Court of this State, or of or in the United States, 
shall vote or be eligible to any office or appointment of 
honor or trust within this State, unless he shall have been 
pardoned. 

Mr. Welch proposed to amend the seventh paragraph 
by inserting after the word ' 'moneys," in the first line, 
the words "and the same having been legally demanded 
of him." 

Mr. Blodgett moved to amend by inserting after the 
same word, in the same line, the words "who is a de- 
faulter and," 

The amendment of Mr. Blodgett was accepted by Mr. 
Welch. 

The same was not received. 

The seventh paragraph of the first section was adopted 
without amendment. 

Mr. Bryant moved to amend the eighth paragraph of 
the first section by adding thereto the words "unless he 
be obliged to remove from fear of injury to his family, 
his property, or himself." 

Mr. Blodgett moved to amend said paragraph by in- 
serting after the word "his" the word "voluntary." 

Mr. Bryant accepted the amendment of Mr. Blodgett 
as a substitute for his. 

The same was lost. 



Journal Constitutional Convention 1867-68 611 

Mr. Whiteley proposed to amend said paragraph by 
inserting before the word "District" the words "County 
or/' 

The same was withdrawn by the mover for the pres- 
ent. 

Tbe eighth paragraph was adopted without amend- 
ment. 

Mr. Conley offered the following Resolution, to-wit : 

Resolved, That so much of the report of the Commit- 
tee on the Legislative Department as relates to represen- 
tation, be recommitted, with instructions to provide that 
there shall be twenty-eight Senators and one hundred 
Representatives composing the General Assembly of this 
State, and to affix suitable Districts for said Senators and 
Representatives, basing such representation upon popu- 
lation. 

Pending action on the foregoing Resolution, the Con- 
vention, on motion, adjourned until 914 o'clock a. m., 
tomorrow. 



Atlanta, Ga., Saturday, February 15, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Trawick. 

The Journal was read. 

Mr. Waddell (Mr. Trammell in the Chair) moved a 
reconsideration of so much thereof as relates to the ac- 
tion of the Convention in striking out the tenth section of 
the report of the Committee on Franchise, and gave no- 



612 



Confederate Records 



tice that if his motion prevailed he should offer the fol- 
lowing as a substitute for said section, to- wit : 

White men, only, shall be eligible to any office of trust, 
honor, or profit, or employment, whether municipal, judi- 
cial, or political, in this State, and white men, only, shall 
serve as jurors in the courts. 

Mr. Whiteley called for the previous question, which 
was sustained. 

The main question was put, and Mr. Bullock required 
the yeas and nays to be recorded thereon. 

Those who voted in the affirmative, are Messrs. 



Bell of Banks, 

Cameron, 

Cooper, 

Cobb of Madison, 

Crane, 

FljTin, 

Poster of Paulding, 

Griffin, 

Harland, 

Harrison of Carroll, 



Houston, 

Hoi combe, 

Howe, 

King, 

Knox, 

Martin of Calhoun, 

Stanford, 

Trammell, 

Waddell. 



Those who voted in the negative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashbum, 

Bedford, 

Bentley, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowers, 

Blodgett, 



Blount, 

Bryant, 

Bracewell, 

Brvson, 

Bullock, 

Campbell, 

Carson, 

Casey, 

Clift, 

Christian of Newton, 

Chatters. 



JouENAL Constitutional, Convention 1867-68 613 



Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Con ley, 

Crawford, 

Crayton, 

Crumley, 

Cotting, 

Daley, 

Dinkins, 

Dunning, 

Dunnegan, 

Edwards, 

Ellington, 

Fort, 

Gilbert, 

Goodwin, 

Gove, 

Golden, 

Guilford, 

Harrison of Hancock, 

Higbee, 

Higden, 

Hotelikiss, 

Hopkins, 

Hudson, 

Hutcheson, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Key, 

Lee, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 



Mathews, 

Martin of Carroll, 

Martin of Habersham, 

McHan, 

McCay, 

Minor, 

Miller, 

Moore of White, 

Moore of Columbia, 

Murphy, 

Neal, 

No'ble, 

Palmer, 

Pope, 

Prince, 

Eeynolds, 

Eice, 

Rozar, 

Saulter, 

Sikes, 

Seeley, 

Sherman, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shumate, 

Stewart, 

Supple, 

Stone, 

Strickland, 

Trawick, 

Turner, 

Walton, 

Wallace, 

Welch, 

Whi taker. 

Whitehead of Burke, 

Whitehead of Butts, 



614 



Confederate Records 



Whiteley, Woodey. 

Williams, 

There are yeas, 19; nays, 103. So the motion to re- 
consider the tenth section of the report on Franchise did 
not prevail. 

Mr. Edwards moved to reconsider so much of the 
Journal as relates to the action of the Convention in re- 
gard to the fifth paragraph of the first section of the re- 
port of the Committee on Legislative Department. 

On this motion Mr. Miller called for the previous ques- 
tion, which was sustained. 

The main question was put, and Mr. Blount required 
the yeas and nays to be recorded thereon. 

Those who voted in the affirmative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashburn, 

Bentley, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Blodgett, 

Bryant, 

Bullock, 

Campbell, 

Casey, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Cos tin, 

Conley, 



Crane, 

Cray ton, 

Cotting, 

Dinkins, 

Edwards, 

Grolden, 

Guilford, 

Harrison of Hancock, 

Higbee, 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Minor, 

Moore of Columbia, 



Journal, Constitutional, Convention 1867-68 615 



Murphy, 


Stewart, 


Neal, 


Supple, 


Noble, 


Stone, 


Palmer, 


Strickland, 


Pope, 


Turner, 


Prince, 


Wallace, 


Eeynolds, 


Welch, 


Eozar, 


Whitaker, 


Sikes, 


^Tiitehead of Burke, 


Seeley, 


Whitehead of Butts, 


Sherman, 


Williams. 


Those who voted in 


the negative, are Messrs. 


Angier, 


Harland, 


Bedford, 


Harrison of Carroll, 


Bell of Banks, 


Higden, 


Bowden of Campbell, 


Hotchkiss, 


Bowers, 


Houston, 


Blount, 


Holcombe, 


Bracewell, 


Hooks, 


Bryson, 


Howe, 


Carson, 


Hudson, 


Cameron, 


Hutcheson, 


Christian of Newton, 


Jordan, 


Cooper, 


Key, 


Cobb of Madison, 


King, 


Crawford, 


Knox, 


Crumley, 


Lee, 


Daley, 


Lott, 


Dunning, 


Mathews, 


Dimnegan, 


Martin of Carroll, 


Ellington, 


Martin of Calhoun, 


Flynn, 


Martin of Habersham 


Fort, 


McHan, 


Foster of Paulding, 


McCay, 


Gilbert, 


Miller, 


Goodwin, 


]\'[oore of White, 


Gove, 


Isaulter, 


Griffin, 


Smith of Charlton, 



616 Confederate Records 

Smith of Coweta, Trammell, 

Smith of Thomas, Trawick, 

Speer, Waddell, 

Shumate, Whiteley, 

Stanford, Woodey. 

There are yeas, 62 ; nays, 62. The President gave the 
casting vote in the negative, and the motion to reconsider 
did not prevail. 

Mr. Conley moved the reconsideration of so much of 
the Journal of yesterday as relates to the action of the 
Convention on the sixth paragraph of the first section 
of the report of the Committee on Legislative Depart- 
ment. 

The previous question was called and sustained. 

The main question was put, and the motion to recon- 
sider prevailed. 

Said paragraph, on motion of Mr. Conley, was taken 
up, amended by striking out the words "vote or" after 
the word "shall" in the second line thereof, and adopted 
as amended. 

The unfinished business of yesterday was resumed, 
to-wit: the report of the Committee on Legislative De- 
partment — the second section thereof being first in order. 
A Resolution offered by Mr. Conley at the last adjourn- 
ment pending. 

Mr. Ashburn offered the following Resolution : 

Resolved, That the second and third sections, as re- 
ported by the Committee on the Legislative Department, 
be referred to a special committee, appointed by the 
President, selecting one from each Congressional Dis- 
trict, with instructions to report on the 19th inst. 



Journal, Constitutional Convention 1867-68 617 

Upon the adoption of the foregoing, Mr. Ashbum 
called for the previous question. 

Mr. Parrott rose to a point of order, assuming that it 
was not in order for a member to make two motions at 
the same time. 

The point of order was sustained by the President pro 
tern. 

Mr. Ashbum appealed from the decision, but after- 
ward withdrew his call for the previous question. 

After discussion, the call for the previous question 
was renewed by Mr. Whiteley, and sustained. 

Tbe main question was put, and the Resolution was 
adopted. 

On motion of Mr. Conley, the Resolution offered by 
him on yesterday, pending at the time of adjournment, 
was referred to the Special Committee, to be appointed 
under the foregoing Resolution of Mr. Ashburn. 

Messrs. Whiteley, Seeley, Edwards, WMtehead of 
Butts, Hotchkiss, Shropshire, and Blodgett, were an- 
nounced as said Committee. 

Upon motion of Mr. Ashburn the Rule was suspended 
and the subject of Finance taken up. 

Mr. Hotchkiss, after a report from Mr. Angier, Dis- 
bursing Agent, offered the following Resolution, to-wit : 

Resolved, That the Committee on Finance be author- 
ized to negotiate a loan to defray the expenses of this 
Convention. 

Mr. Saffold moved to amend by providing that the 
Committee shall not pay more than the legal interest. 



618 Confederate Records 

Mr. Angler proposed to amend the proviso of Mr. 
Saffold by providing that said Committee shall not pay 
more than one per cent, per month. 

The same was accepted by Mr. Saffold. 

The previous question was called for and sustained. 

Mr. Whiteley called for a division of the proposition. 

The vote was taken first on the proposed proviso of 
Mr. Saffold, which was lost. 

The Resolution was then adopted. 

Mr. Bullock moved a suspension of the Rule for the 
purpose of offering the following Resolution, which, prior 
to action on said motion, was read for the information of 
the House: 

Resolved, That it is the determination of this Con- 
vention to recognize all legitimate indebtedness of the 
State of Georgia, and we hold that said indebtedness 
should ever be held sacred. 

In this series of obligations we enumerate : First, the 
entire bonded debt created under Acts of the General 
Assembly of the State of Georgia before the war; Sec- 
ond, the bonded debt created since 1865. 

Provided, however. That no indebtedness (bonds or 
otherwise) created by the State of Georgia during the 
late rebellion, or indebtedness created during the last two 
years, for the benefit, directly or remotely, of any interest 
of the rebel State or Confederate Government, shall in 
any manner be recognized by the Convention. 

Pending the motion for the suspension of the Rule, 



JouENAL Constitutional Convention 1867-68 619 

and at the suggestion of Mr. Miller, Mr. Bullock changed 
the foregoing proposition to read as follows : 

Resolved, That it is the determination of this Con- 
vention to recognize all the legitimate indebtedness of the 
State of Georgia, and we hold said indebtedness should 
ever be held sacred. 

In this series of obligations, we enumerate all the 
bonded debt of the State issued and negotiated before the 
19th day of January, 1861, and since the 1st day of 
June, 1865. 

Mr. Whiteley called for the previous question on the 
motion to suspend the Rule. 

The same was not sustained. 

The motion to suspend the Rule was lost. 

On motion of Mr. Martin, of Habersham, the Rule 
was suspended, when he introduced the following Reso- 
lution, to-wit: 

Resolved, That the Disbursing Agent of this Conven- 
tion be authorized and required to pay to each member 
and officer of this Convention, so soon as he may receive 
a sufficient amount to do so, the sum of fifty dollars. 

Mr. Stanford moved to amend the same so as to re- 
quire the Disbursing Agent to pay first the expenses of 
the Convention for Clerks, stationery, etc. 

On motion of Mr. Bryant the Resolution and amend- 
ment were laid on the table. 

Mr. Higbee, from the Committee on Enrollment, made 
the following report, to-wit : 



620 Confederate Records 

Mr. President: 

The Committee on Enrollment beg leave to report that 
the following Resolutions have been regularly enrolled, 
and are now ready for the signature of the President, and 
attestation of the Secretary, to-wit: 

A Resolution in relation to the slanderous assertions 
of A. A. Bradley. 

A Resolution to expel Aaron A. Bradley, a delegate 
to this Convention. 

A Resolution to discharge the Committee appointed 
to investigate the charges against A. A. Bradley. 

A Resolution to appoint a Committee of seven to pre- 
pare a substitute for the thirty-second section of the Bill 
of Rights. 

A Resolution relative to the suit in the Supreme Court 
of the United States by the State of Georgia. 

W. A. Fort, 

Chairman Committee on Enrollment. 

The consideration of the report of the Committee on 
Legislative Department was resumed, the fourth section 
thereof being first in order. 

The first, second, third, fourth, and fifth paragraphs 
of said section were adopted without amendment. 

On motion of Mr. Speer, the sixth paragraph of said 
fourth section was amended by inserting after the word 
^'Representatives," in the second line, the words "and 
attested by the Secretary of the Senate and the Clerk of 
the House of Representatives. ' ' 

On motion of Mr. McCay, said paragraph was further 



Journal Constitutional Convention 1867-68 621 

amended by inserting after the word "proposed," in the 
third line, the words ' ' during the same session. ' ' 

The same as amended was adopted, and is as follows : 

All Acts shall be signed by the President of the Senate 
and the Speaker of the House of Representatives, and 
attested by the Secretary of the Senate, and the Clerk of 
the House of Representatives ; and no Bill, Ordinance, or 
Resolution, intended to have the effect of a law, which 
shall have been rejected by either House, shall be again 
proposed during the same session under the same or any 
other title, without the consent of two-thirds of the House 
by which the same was rejected. 

Mr. Bell, of Banks, moved to amend the seventh para- 
graph of the fourth section by striking out from the third 
line the words "either or both of." 

This amendment was withdrawn by the mover, and 
the said paragraph adopted without amendment. 

On motion of Mr. McCay the eighth paragraph was 
divided so as to act first on that portion ending with the 
word "concur" in the fifth line. 

Mr. Speer proposed to amend the same by striking 
out all after the word "each" in the second line to the 
word ' ' House, ' ' inclusive, in the fourth line, and inserting 
in lieu of the words to be stricken out the following: "and 
as many sub-Clerks as such House may authorize." 

This amendment was withdrawn by the mover. 

Mr. Whif eley moved to amend said clause of the eighth 
paragraph by striking from the fifth line thereof the word 
"two-thirds" and inserting in lieu thereof the words "a 
majority." 



622 



CONFEDEEATE ReCORDS 



Upon this motion the yeas and nays were demanded. 



Those who voted in the affirmative are Messrs. 



Alexander, 

Anderson, 

Ashbum, 

Bedford, 

Bentley, 

Beaird, 

Baldwin, 

Belle of Oglethorpe, 

Bowden of Campbell, 

Blodgett, 

Bryant, 

Bryson, 

Bullock, 

Campbell, 

Casey, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Conley, 

Crane, 

Crayton, 

Crumley, 

Dinkins, 

Edwards, 

Goodwin, 

Golden, 

Guilford, 

Harrison of Hancock, 

Higbee, 

Hopkins, 

Howe, 



Jackson, 

Joiner, 

Jones, 

Jordan, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Minor, 

Moore of Columbia, 

Murphy, 

Neal, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Sikes, 

Seeley, 

Sherman, 

Speer, 

Stewart, 

Stone, 

Strickland, 

Wallace, 

Whi taker. 

Whitehead of Burke, 

Whitehead of Butts, 

Whiteley, 

Williams. 



Journal Constitutional Convention 1867-68 623 



Those who voted in the negative are Messrs. 



Atkins, 

Angier, 

Bell of Banks, 

Bowers, 

Blount, 

Brace well, 

Carson, 

Cameron, 

Christian of Newton, 

Cooper, 

Crawford, 

Cotting, 

Dunning, 

Dunnegan, 

Ellington, 

Foster of Paulding, 

Gilbert, 

Grove, 

Griffin, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hooks, 

There are yeas, 68; nays, 49. So the same was re- 
ceived. 

On motion of Mr. Murphy said clause of the eighth 
paragraph was further amended by striking out the word 
' ' two-thirds ' ' from the third line thereof and inserting the 
word ' ' maj ority. ' ' 

8aid clause, as amended, was adopted. 

The following communication from Major-General 
Meade, and accompanying Order were laid before the 



Hudson, 

Hutcheson, 

Key, 

King, 

Knox, 

Lee, 

Lett, 

Matthews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

McCay, 

Miller, 

Moore of White, 

Saffold, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Shumate, 

Trawick, 

Turner, 

Welch, 

Woodey. 



624 Confederate Records 

Convention by the President: 

Headquarters Third Military District, 
(Dept. of Georgia, Florida, and Alabama), 

Atlanta, Ga., Feb. 14, 1868. 

Hon. J. R. Parrott, President Constitutional Convention, 
Atlanta, Ga.: 

Sir: I have the honor to acknowledge the receipt, by 
the hands of the Secretary of the Convention, of an official 
copy of the Ordinance passed on the 8th inst., to provide 
the means for defraying the expenses of the Convention 
and the compensation of officers and members, and beg 
leave to enclose herewith a copy of the Order issued by 
me, approving said Ordinance, and directing its enforce- 
ment. 

Inasmuch as in my judgment the issue of any scrip 
had better be superintended by those officers of the State 
Government connected with the control of its finances, I 
have so far modified the Ordinance as to impose upon 
these officers the issue of the scrip provided for in sec- 
tions two (2) and five (5) of the Ordinance. 

Very respectfully, your obedient servant, 

George G. Meade, 

Major-Gen. U.S.A. Com'g. Third Military Dist. 



Journal Constitutional Convention 1867-68 625 

Headquarters Third Military District, 
(Dept. Georgia, Florida, and Alafbama), 

Atlanta, Ga., Feb. 14, 1868. 

General Orders, No. 24. 

I. Whereas, The Constitutional Convention of Geor- 
gia, now in session in Atlanta on the 8th day of February, 
1868, enacted the following Ordinance: 

AN ORDINANCE to procure the means of defraying the 
expenses of this Convention, and the compensation 
of officers and members. 

Section 1. Be it Ordained hy the people of Georgia 
in Convention assembled, That an Ordinance of this Con- 
vention, passed on the 20th day of December, in the year 
of 1867, entitled ''An Ordinance to levy and collect a 
tax to pay the delegates and officers connected with the 
Convention, as well as all other incidental expenses," ex- 
cept the second section thereof, is hereby rescinded, and 
the following is ordained in lieu thereof, to-wit : 

That it shall be the duty of the Comptroller General 
of the State of Georgia to levy and assess a tax of one- 
tenth of one per cent, on all the taxable property of this 
State, as returned upon the digests for the year 1867, for 
the purpose of defraying the expenses of this Convention, 
and the compensation of officers and members thereof; 
and it shall be the duty of the Tax Collectors in the sev- 
eral counties of this State to collect the tax so assessed, 
and to pay the same to the Comptroller-General on or be- 
fore the first day of May, 1868. And it shall be the duty 
of the several Tax Collectors to issue executions against 
all persons subject to taxation under this ordinanjce. 



626 Confederate Records 

whose tax is unpaid, after twenty days' notice to pay it, 
for the amount of tax due by them, and fifty per centum 
thereon and all costs ; and of SheriiTs and Constables to 
le\'y and sell under such executions and to return the pro- 
ceeds to the Tax Collectors as soon as the same can be 
done under the provisions of existing laws. 

Sec. 2. Be it further Ordained, That any scrip which 
may be issued by the authority of this Convention for the 
purpose aforesaid, shall be receivable by the Comptroller 
General from the Tax Collectors in payment of the tax 
aforesaid. 

Sec. 3. Be it further Ordained, That the Tax Collec- 
tors shall receive the same per cent, for collecting the tax 
aforesaid as they are now allowed by law for ■collecting 
the State tax. 

Sec. 4. Be it further Ordained, That the Comptroller- 
General shall issue to the Tax Collectors all necessary or- 
ders for the collection and payment of the tax aforesaid; 
which orders shall be binding upon said Tax Collectors. 

Sec. 5. Be it further Ordained, That the moneys and 
scrip received by the Comptroller-General under this or- 
dinance be paid by him into the T'reasury of this State, 
to be disposed of as this Convention shall hereafter direct. 

II. Therefore, By virtue of the plenary powers vest- 
ed by the Acts of Congress in the Commanding General 
of the Third Military District, it is ordered, that all of 
said Ordinance, except what is contained in sections two 
and five, is approved, and directed to be carried into ex- 
ecution; and it is hereby enjoined on the Provisional Gov- 
ernor, Comptroller-General, and Secretary of State, Tax 
Collectors, Sheriffs, and all others, to give due and 



Journal Constitutional Convention 1867-68 627 

prompt respect to the requirement of this Order, and to 
the collection of the special tax provided for in the afore- 
said Ordinance. 

III. In lien of sections of two and five of the afore- 
said Ordinance, the Provisional Governor of the State is 
herewith authorized to issue, in advance of the collection 
of the special tax, scrip in such sums as may be deemed 
the most convenient, and not to exceed in amount Fifty 
Thousand Dollars. 

IV. The scrip herein authorized to be issued, shall 
be made receivable in payment of the special tax; shall 
be paid out of the Treasury only for the pay and expen- 
ses of the Convention; and so much as shall not be re- 
ceived in payment of the special tax: shall be redeemed 
out of the proceeds of said special tax, when collected. 

By order of Major-General Meade. 

E. C. Drum, 

Assistant Adjutant General. 
Official : 

R. C. Drum, A. A. G. 

The Convention, on motion, adjourned until 9i^ 
'clock a. m., Monday. 



Atlanta, Ga., Monday, February 17, 1868. '^ 

The Convention met pursuant to adjournment. 

Information having been received of the absence of the 
President, Mr. Conley was, on motion of Mr. Miller, called 
to the Chair. 

The Convention was called to order by the temporary 
Chairman, and prayer was offered by the Chaplain. 



628 Confederate Records 

Mr. Miller moved that the Convention proceed to the 
election of a President pro tern. 

The motion prevailed, and the Hon. J. L. Dunning was 
elected to that position by acclamation, and took the 
Chair. 

The Journal was read. 

Mr. Miller moved the reconsideration of so much 
thereof as relates to the action of the Convention in adopt- 
ing the following amendment to the sixth paragraph of 
the fourth section of the report of the Committee on Leg- 
islative Department, to-wit : The insertion after the word 
"Representatives," in the second line, the words "and 
attested by the Secretary of the Senate and the Clerk of 
the House of Representatives." 

The motion prevailed, the said amendment was strick- 
en out, and the paragraph adopted as amended. 

Mr. Adkins moved the reconsideration of so much of 
the Journal as relates to the action of the Convention in 
amending and adopting the eighth paragraph and fourth 
section of said report, and gave notice that, if his motion 
prevailed, he would propose to amend by striking out all 
after the word ' ' House, ' ' in the fourth line, and inserting 
in lieu thereof the following, to-wit: 

The per diem pay of members shall not exceed four 
dollars in specie, or its equivalent, and ten cents per mile 
going and coming once to the House of Assembly, for 
travelling expenses. 

The motion of Mr. Adkins did not prevail. 

The unfinished business of Saturday was resumed, to- 
wit : the report of the Committee on Legislative Departs 



Journal Constitutional Convention 1867-68 629 

ment, the nintli paragraph of the fourth section being first 
in order. 

Said ninth paragraph was adopted without amend- 
ment. 

Mr. Speer moved to amend the tenth paragraph of 
said section by striking out all between the word "elec- 
tion," in the eleventh line, to the word ''vote," inclusive, 
in the thirteenth line. 

This amendment was withdrawn by the mover, and 
the tenth paragraph was also adopted without amend- 
ment. 

On motion of Mr. Higbee, the first paragraph of the 
fifth section was amended by striking out the last "the," 
in the first line, and inserting "this." 

Mr. Whiteley moved to further amend said paragraph 
by substituting the word "enact" for the word "make," 
in the first line, and by striking out the words ' ' and ordi- 
nances," in the same line. 

This amendment was withdrawn by the mover, and the 
paragraph adopted as amended. 

Paragraph second, of the fifth section, was adopted 
without amendment. 

On motion of Mr. Bedford, paragraph third, of the 
fifth section, was stricken out. 

Mr. Bedford moved to strike out the whole of par- 
agraph four, of the fifth section. 

Mr. Miller moved to amend the same by inserting the 
following after the word "power," in the first line, to- 
wit: "By a vote of two-thirds of both branches;" and 



630 CONFEDEKATE ReCORDS 

after the word ** charter," in said line, insert the word 
"hereafter." 

Mr. McCay proposed to amend the same by adding 
thereto the following, to-wit: ''And regulate, by law, 
the rates and charges of railroads, bridges, ferries, and 
turnpikes." 

Mr. Crane offered the following as a substitute for 
the paragraph, as reported, and the pending amend- 
ments, to-wit: 

The General Assembly shall have power to regulate, 
by law, all freights, tolls, and charges of all chartered 
companies and corporations in this State. 

Mr. Bedford moved the indefinite postponment of the 
original paragraph, the pending amendments, and pro- 
posed substitute. 

Mr. Ashburn called for the previous question, which 
was sustained. 

Mr. Bedford, by consent, withdrew his motion to in- 
definitely postpone. 

The main question was put, and the substitute of Mr. 
Crane, the amendment of Mr. McCay, and the amend- 
ment of Mr, Miller were lost. 

The question recurring on the motion of Mr. Bedford 
to strike out said paragraph, the yeas and nays were de- 
manded. 

Those who voted in the affirmative, are Messrs. 

Adkins, Angier, 

Alexander, Ashburn, 

Anderson, Bedford, 



Journal Constitutionai> Convention 1867-68 631 



Bentley, 

Beaird, 

Belle of Oglethorpe, 

Bell of Banks, 

Blodgett, 

Big'by, 

Blount, 

Bryant, 

Bryson, 

Bullock, 

Campbell, 

Carson, 

Oasey, 

Chatters, 

Claiborne, 

Chambers, 

Cooper, 

Cobb of Houston, 

Cos tin, 

Conely, 

Crane, 

Crawford, 

Crayton, 

Cotting, 

Daley, 

Dinkins, 

Dunning, 

Flynn, 

G'olden, 

Ouilford, 

Harland, 

Harrison of CarroU, 

Harrison of Hancock, 

Higden, 

Hotchkiss, 

Hopkins, 



Jackson, 

Joiner, 

Jones, 

Jordan, 

Knox, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Moore of Columbia, 

Murphy, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Erice, 

Rozar, 

Saulter, 

Sikes, 

Smith of Charlton, 

Smith of Thomas, 

Speer, 

Shumate, 

Stewart, 

Stanley, 

Stone, 

Strickland, 

Trawick, 

Wallace, 

Welch, 

Whitaker, 

Whitehead of Burke, 

Whiteley, 

Williams, 

Woodey. 



Those who voted in the negative, are Messrs. 



Bowden of Campbell, 



Bowers, 



632 



Confederate Records 



Key, 

Lee, 

Lott, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McCay, 

MeHan, 

Minor, 

Miller, 

Moore of White, 

Smith of Coweta, 

Shropshire, 

Stanford, 

Trammell, 

Walton, 

Whitehead of Butts. 



Burnett, 

Cameron, 

Caldwell, 

Dunnegan, 

Edwards, 

Ellington, 

Fields, 

Fort, 

Foster of Paulding, 

Gilbert, 

Gove, 

Griffin, 

Higbee, 

Houston, 

Holcombe, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

There are yeas, 78; nays, 39. So the fourth para- 
graph of the fifth section was stricken out. 

Mr. Higbee moved to amend the first paragraph of 
the sixth section by substituting for the words ''publish- 
ed from time to time" the words ** attached to, and pub- 
lished with the laws after each regular session of the 
General Assembly." 

The same was lost. 

Said first paragraph of the sixth section was then 
amended, on motion of Mr. McCay, by adding thereto the 
following: "And with the laws passed by each session 
of the General Assembly." 

The same was adopted as amended, and is as follows, 
to-wit : 



Journal Constitutional Convention 1867-68 633 

No money shall be drawn from the Treasury except 
by appropriation made by law, and a regular statement 
and account of the receipt and expenditure of all public 
money shall be published from time to time, and with 
the laws passed by each session of the General Assembly. 

Mr. Conley proposed to amend the second paragraph 
of section six by inserting after the word "person," in 
the first line, the words ''or religious body." 

Mr. Miller offered to amend said paragraph by insert- 
ing after the word "of," in the first line, the words "any 
religious body, nor in favor of." 

The same was accepted by Mr. Conley, and after- 
wards withdrawn. 

Mr. Bullock offered the following as a substitute for 
the original paragraph and proposed amendments, to- 
wit: 

No vote, law, or order shall pass, granting a dona- 
tion or gratuity in favor of any person, coi*poration, or 
association. 

The same was not adopted. 

Mr. McCay proposed to amend said paragraph by ad- 
ding thereto the following, to-wit : ' ' Nor to any sectarian 
corporation or association at all." 

The same was received, the paragraph adopted as 
amended, and is as follows, to-wit: 

No vote, resolution, law, or order shall pass, granting 
a donation or gratuity in favor of any person, except by 
the concurrence of two-thirds of each branch of the Gen- 
eral Assembly, nor to any sectarian corporation or asso- 
ciation at all. 



634 Confederate Records 

On motion of Mr. Higbee, the third paragraph of the 
sixth section was amended by substituting the word 
''amended" for the word "annulled," in the first line 
thereof. 

The same was fTirther amended, on motion of Mr. 
McCay, by adding thereto the following, to-wit: ''But 
this clause shall be construed as directory, only, to the 
General Assembly." 

Mr. Higbee moved to amend said paragraph, as 
amended, by adding to it the following, to-wit : 

And it shall be the duty of the General Assembly, in 
amending any article or section of an approved Code of 
Laws of this State, to enact the same as the said article 
or section would read, when amended ; and whenever the 
General Assembly shall enact any public general law, 
not amendatory of any section or article in the said Code, 
it shall be the duty of the General Assembly to enact the 
same in articles and sections in the same manner as the 
said Code may be arranged, and to provide for the pub- 
lication of all additions and alterations which may be 
made to the said Code. 

This amendment was not received. 

Said paragraph was then adopted, as amended, and 
is as follows, to-wit : 

No law or section of the Code shall be amended or 
repealed by mere reference to its title or to the number 
of the section in the Code, but the amending or repeal- 
ing act shall distinctly and fully describe the law to be 
amended or repealed, as well as the alteration to be 
made; but this clause shall be construed as directory, 
only, to the General Assembly. 



Journal, Constitutional Convention 1867-68 635 

Leave of absence was granted Mr. Sherman on ac- 
count of sickness. 

The Convention adjourned until 91/2 o'clock a. m. to- 
morrow. 



Atlanta, Ga., Tuesday, February 18, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain, 

The Journal was read. 

On motion of Mr. Hotchkiss, the Rule was suspend- 
ed, when he offered the following Resolution, which was 
taken up and adopted: 

Resolved, That a Committee of three be appointed to 
wait upon the Provisional Governor, now in this city, and 
tender to him an invitation to visit the Convention at 
his pleasure. 

The following Committee was appointed by the Pres- 
ident under the foregoing Resolution, to- wit: Messrs. 
Hotchkiss, Edwards, and Fort. 

Mr. Maddox moved a suspension of the Rule for the 
purpose of offering the following Resolution, to-wit: 

Resolved, That the roll of the members shall be called 
every morning before the reading of the Journal, and 
that the Secretary shall mark the absentees. 

Resolved, further, That no member of this Convention 
shall, while absent on his own business, receive any pay 
per diem, sickness and other Providential causes alone 
excepted. 

Tlie motion to suspend the Rule did not prevail. 



636 Confederate Records 

The consideration of the unfinished business of yes- 
terday was resumed, to-wit : the report of the Committee 
on Legislative Department, the fourth paragraph of the 
sixth section being first in order. 

Mr. Conley moved to amend said paragraph by sub- 
stituting the word ''majority" for the word 'Hwo- 
thirds," in the fourth line thereof. 

Mr. Higbee moved to amend by substituting for '' two- 
thirds" ''three-fifths." 

Mr. Blodgett called for a division of the question by 
taking the vote, first, on the motion to strike out. 

The motion to strike out prevailed; the motion of 
Mr. Higbee to insert "three-fifths" was lost, and the 
proposition of Mr. Conley to fill the blank with "a ma- 
jority" was received. 

Mr. Conley moved to amend the same by inserting af- 
ter the word "City," in the fifth line, the words "voting 
at said election." 

The same prevailed. 

Mr. Saffold otfered the following as a substitute for 
said paragraph, as amended, to-wit: 

No law shall be passed by which a citizen shall be 
compelled, directly or indirectly, to become individually 
a stockholder in, or contribute to any railroad or work 
of public improvement; but the General Assembly may 
permit the corporate authorities of a corporate town 
or city to take stock in, or make contribution to any rail- 
road or work of public improvement, or engage in such 
work, after a majority of the qualified voters of such 



Journal Constitutional Convention 1867-68 637 

town or city shall, at any election held for the purpose, 
have voted in favor of the same, but not otherwise. 

The substitute of Mr. Saffold was lost, and the fourth 
paragraph of the sixth section adopted as amended, and 
is as follows, to-wit: 

No law shall be passed by which a citizen shall be com- 
pelled, against his consent, directly or indirectly, to be- 
come a stockholder in, or contribute to any railroad or 
work of public improvement, except in the case of the 
inhabitants of a corporate town or city. In such cases 
the General Assembly may permit the corporate author- 
ities to take sucli stock, or make such contribution, or en- 
gage in such work, after a majority of the qualified vo- 
ters of such town or city voting at said election shall, 
at any election held for the purpose, have voted in favor 
of the same, but not otherwise. 

On motion of Mr. McCay, paragraph five of section 
six was taken up by sentences. 

Mr. Bedford proposed to amend the first sentence of 
said paragraph as follows, to-wit: Strike out the word 
'*no" after the word *'have," in the first line; in the first 
and second lines, strike out the words "to private com- 
panies, except;" insert after the word "companies," in 
the third line, the following, to-wit: 

For the period of twenty years, or less, and, at the 
expiration of such charters, may extend or repeal where 
the companies are not actually proceeding to carry their 
charters into effect within two years after their being 
granted, or modify them as the public interest may re- 
quire; and their accommodation for all shall be equal. 



638 Confederate Records 

The same was withdrawn by the mover, and said first 
sentence was adopted without amendment. 

Mr. Whiteley moved to amend the second sentence of 
said fifth paragraph by substituting the word "Bank" 
for the word "Company," in the first line thereof. 

Mr. Miller called for the previous question, which was 
sustained. 

Mr. Conley required a division of the question. 

The vote was taken, first, on the motion to strike out 
the word ' ' Company. ' ' 

This motion prevailed. 

The vote was then taken on the motion to fill the blank 
with the word "Banks," which also prevailed. 

The said second sentence was then adopted as amend- 
ed. 

Mr. Welch offered the following, to be inserted as an 
independent sentence after the second sentence in the 
fifth paragraph of the sixth section, to-wit: 

The General Assembly shall pass no usury laws, but, 
in all cases where no rate of interest is mentioned, it shall 
be seven per cent. 

Mr. Angier proposed the following as a substitute for 
the foregoing, wliich was accepted by Mr. Welch, to-wit: 

There shall be no usury laws in Georgia, but the rate 
of interest shall be that mentioned in the face of the note: 
Provided, when no rate is mentioned, the legal rate of in- 
terest shall be seven per cent, per annum. 

Mr. Blount called for the previous question, which was 
sustained. 



Journal, Constitutional, Convention 1867-68 639 

Tlie question was put, and the yeas and nays were re- 
quired to be recorded. 

Those who voted in the affirmative, are Messrs. 



Adkins, 


Hopkins, 


Alexander, 


Hudson, 


Angler, 


Jones, 


Ashbum, 


Madden, 


Beaird, 


Maull, 


Baldwin, 


Martin of Habersham, 


Blodgett, 


McHan, 


Bullock, 


Minor, 


C-ampbell, 


Miller, 


Casey, 


Murphy, 


Clift, 


Neal, 


Claiborne, 


Palmer, 


Cobb of Madison, 


Pope, 


Costin, 


Prince, 


Conley, 


Rice, 


Cotting, 


Sikes, 


Dunninng, 


Speer, 


Gibson, 


Stone, 


Gilbert, 


Trammell, 


Goodwin, 


Wallace, 


Gove, 


Waddell, 


Golden, 


Welch, 


Guilford, 


Whitehead of Burke, 


Harrison of Carroll, 


Williams, 


Harrison of Hancock, 


Wooten. 


Higbee, 




Those who voted in 


the negative, are Messrs. 


Anderson, 


Bowers, 


Bedford, 


Bigby, 


Bell of Oglethorpe, 


Blount, 


Bell f Banks, 


Bryant, 


Bowden of Campbell, 


Brown, 



640 



Confederate Records 



Brace well, 

Bryson, 

Burnett, 

Carson, 

Cameron, 

Christian of Newton, 

Chatters, 

Cooper, 

Cobb of Houston, 

Crane, 

Crawford, 

Dinkins, 

Dunnegan, 

Edwards, 

Ellington, 

Fields, 

Port, 

Foster of Paulding, 

Griffin, 

Harland, 

Harris of Newton, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hooks, 

Howe, 

Hutcheson, 

Jackson, 



Joiner, 

Key, 

Knox, 

Lee, 

Linder, 

Lott, 

Lumpkin, 

Maddox, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

McCay, 

Moore of White, 

Moore of Columbia, 

Saffold, 

Saulter, 

Seeley, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Shropshire, 

Shumate, 

Stanford, 

Supple, 

Stanley, 

Trawick, 

Whitaker, 

Whiteley, 

Woodev. 



There are yeas, 51; nays, 68. So the same was not 
adopted. 

Mr. Conley moved to amend the third sentence of the 
fifth paragraph of the sixth section by adding after the 
word ''stockholders," in the eighth line of said para- 
graph, the words "not exceeding double the stock held by 
them." 



Journal. Constitutional Convention 1867-68 641 

Mr. Whiteley moved to strike out the whole of said 
sentence. 

Mr. Hotchkiss called for the previous question, which 
was sustained. 

The main question was put, and the amendment pro- 
posed by Mr. Conley adopted. 

The vote was then taken on the motion of Mr. Whitely 
to strike out the whole sentence, which prevailed. 

Mr. McCay offered the following as an additional sen- 
tence, to-wit: 

The General Assembly shall grant no charter exempt- 
ing the property of the Company from taxation, nor to 
any railroad, without reserving the right to permit said 
road to be crossed by other railroads, or other roads to 
be built within at least ten miles in the same general di- 
rection. 

Mr. Conley required a division of the proposition, so 
as to act, first, on that part which terminates with the 
word "taxation." 

Mr. Bryant moved to amend by inserting after the 
word ''charter" the words "except to manufacturing 
companies and institutions of learning." 

The same was received. 

Mr. Miller called for the previous question, which was 
sustained. 

The main question was put, and the first clause, as 
amended, was lost. 

The vote was then taken on the remainder of the 
proposition, which was also lost. 



642 Confederate Records 

Mr. Bell, of Banks, proposed to amend the fourth sen- 
tence of the fifth paragraph of the sixth section hy sub- 
stituting the words "a majority" for the word ''two- 
thirds," in the eleventh line. 

The same was received. 

Said sentence was further amended, on motion of Mr. 
WHiiteley, hy inserting after the word ''lien," in the thir- 
teenth line, the words "except to laborers." 

The sentence was adopted as amended. 

Leave of absence was granted Messrs. Bentley and 
Hopkins, on important business, and to Messrs. Smith of 
Charlton, McWhorter, and Bowden of Monroe, on account 
of sickness of themselves or families. 

Mr. Martin, of Habersham, offered the followmg Res- 
olution, which was taken up, read, and agreed to, to-wit : 

Resolved, That the Disbursing Agent of this Conven- 
tion pay pro rata, from time to time, to the members and 
officers, and to the contingent expenses of the Convention, 
such sums of money as he may receive from loans or oth- 
er sources, for the use of this Convention, upon receiving 
from such party interested a proper voucher for such 
payments. 

The Convention, on motion, adjourned until 9i/^ 
o'clock a. m., tomorrow. 



Atlanta, Ga., Wednesday, February 19, 1868. 
The Convention met pursuant to adjournment, 
Prayer by the Chaplain. 
The Journal was read. 



JouENAii Constitutional Convention 1867-68 643 

Mr. Conley moved a reconsideration of so much there- 
of as relates to the rejection of the amendment of Mr. 
Welch reported yesterday, on the subject of usury. 

The motion did not prevail. 

On motion of Mr. Speer, the Rule was suspended, 
when he offered the following Resolution, which was tak- 
en up and agreed to, to-wit : 

Resolved, That a Committee of three be appointed by 
the President, to wait on Captain C. F. Rockwell, Provis- 
ional Treasurer of this State, and tender him a seat in 
this Hall, during his temporary sojourn in this city. 

The President appointed the following gentlemen as 
said Committee, to-wit: Messrs. Speer, Higbee and 
Chambers. 

The Rule was suspended, on motion of Mr. Grriffin, 
when he offered the following Resolution, which was 
taken up, to-wit: 

Resolved, That from and after this date, the hours of 
meeting of this Convention shall be 9 o'clock a. m. and 
21/4 o'clock p. m., and of adjournment 1 o'clock p. m. and 
5 o'clock p. m. 

Mr. Whiteley moved to lay said Resolution on the ta- 
ble. Upon this motion, the yeas and nays were required 
to be recorded. 

Those who voted in the affirmative, are Messrs. 



Akerman, 


Bryant, 


Alexander, 


Campbell, 


Angler, 


Carson, 


Ashburn, 


Casey, 


Bedford, 


Caldwell, 


Bowden of Campbell, 


Chatters, 



644 



Confederate Records 



Claiborne, 

Chambers, 

Cobb of Houston, 

Costin, 

Crumley, 

Cotting, 

Dunning, 

Edwards, 

Ellington, 

Fort, 

Gilbert, 

Grolden, 

Guilford, 

Harrison of Hancock, 

Higbee, 

Higden, 

Howe, 

Hudson, 

Jackson, 

Joiner, 

KJnox, 

Linder, 

Maddox, 

Martin of Carroll, 



Minor, 

Miller, 
Noble, 
-Palmer, 
Pope, 
Prince, 
Reynolds, 
Rice, 
Saffold, 
Sikes, 

Smith of Coweta, 
i Shumate, 
Stewart, 
Supple, 
Stone, 
Strickland, 
Walton, 
Wallace, 
Whitaker, 

Whitehead of Burke, 
Whitehead of Butts, 
White] ey, 
Williams. 



Those who voted in the negative, are Messrs. 



Adkins, 

Anderson, 

Belle of Oglethorpe, 

Bell of Banks, 

Bowers, 

Blodgett, 

Bigby, 

Blount, 

Brown, 

Bracewell, 

Bryson, 

Burnett, 

Cameron, 



Clift, 

Christian of Newton, 

Cooper, 

Cobb of Madison, 

Con ley, 

Crawford, 

Crayton, 

Dinkins, 

Dunnegan, 

Fields, 

Foster of Paulding, 

Gibson, 

Goodwin, 



Journal, Constitutional Convention 1867-68 645 

Gove, McCay, 

Grriffin, Moore of White, 

Harris of Newton, Moore of Columbia, 

Harrison of Carroll, Murphy, 

Hotchkiss, Neal, 

Houston, Potts, 

Hopkins, Rozar, 

Hooks, Saulter, 

Hutclieson, Seeley, 

Jones, Smith of Charlton, 

Key, Smith of Thomas, 

King, Speer, 

Lee, Stanford, 

Lott, Trammell, 

Lumpkin, Trawick, 

Martin of Calhoun, Welch, 

Martin of Habersham, Woodey, 

McHan, Wooten. 

There are yeas, 59; nays, 62. So the motion to lay 
said Resolution on the table did not prevail. 

Mr. Bedford offered the following as a substitute 
therefor : 

Resolved, That the hours of meeting and adjournment 
shall be 9i/l> o'clock a. m. and 2 o'clock p. m. 

Mr. Conley moved to amend the Resolution of Mr. 
Griffin by striking out 2 o'clock p. m. and inserting 3 
o'clock p. m. 

Mr. Bryant moved to lay the whole subject-matter on 
the table, which prevailed. 

The unfinished business of yesterday was resumed, to- 
wit: the fifth sentence of the fifth paragraph and sixth 
section of the report of the Committee of Legislative De- 
partment. 



646 Confederate Records 

Mr. Ashburn moved to strike out the whole of said 
sentence. 

The same was lost. 

Mr. Wliiteley moved to amend, by striking out all be- 
tween the word ** shall," where it first occurs, in the fif- 
teenth line, and the word "provide," in the same line. 

The motion prevailed, and the sentence, as amended, 
was adopted. 

Mr. Bedford moved to amend the sixth sentence in 
said paragrnpli, by adding the following thereto, to-wit: 

Tlie O-eneral Assembly shall, at their first session af- 
ter the adoption of this Constitution, enact such laws as 
will compel all common carriers to provide equal accom- 
modations for all persons, without discrimination. 

The same was ruled out of order, because not germain 
to the subject. 

On motion of Mr. Miller, the word "this" was substi- 
tuted for the word "the," before "Constitution," at the 
end of said sentence. 

On motion of Mr. McCay, the same was further amend- 
ed, by inserting after the word "money," in the seven- 
teenth line, the words "or contract any debt." 

Mr. McCay i)ro})osed to amend further, by inserting 
after the word "defense," in the eighteenth line, the 
words "to raise a Common School fund, and for public 
improvements." 

Mr. Bryant proposed to amend, by inserting after the 
word "money," in said eighteenth line, the words "in- 
ternal improvements and educational interests." 



Journal Constitutional Convention 1867-68 647 

Mr. McCay accepted the same, as a substitute for his 
proposed amendment, and moved to amend said substi- 
tute, by adding thereto tlie folhjwing: "And charitable 
institutions under the superintendence of the State." The 
same was accepted by Mr. Bryant, and reads, ''internal 
improvements, educational interests, and charitable insti- 
tutions under the supervision of the State." 

The same was adopted. 

On motion of Mr. Whiteley, the whole sentence was 
stricken out. 

Tlie seventh sentence was adopted without amend- 
ment. 

On motion of Mr. Bryant, the whole of the eighth sen- 
tence was stricken out. 

Mr. Bedford otfered the following, as an additional 
sentence to said fifth paragraph, to-wit: 

The General Assembly shall, at their first session af- 
ter the adoption of this Constitution, enact such laws as 
will compel all common carriers to provide equal accom- 
modations for all persons, without discrimination. 

Mr. King offered the folloAving, as a substitute for the 
foregoing, to-wit : 

The General Assembly shall pass no law abridging the 
right of })ublic carriers to discriminate as to the rates and 
classification of freight, as well as to the classification of 
individual passengers. 

Mr. Whiteley moved the reference of the proposed 
sentence and substitute to the Committee on Bill of Rights 
with instruction to report the following as an addition to 
the second section of the Bill of Rights, to-wit: 



648 Confederate Records 

And it shall be the duty of the General Assembly to 
enforce, by appropriate legislation, the provisions of this 
section. 

The motion to refer did not prevail. 

Mr. Akerman moved to amend the substitute of Mr. 
King, by adding thereto, the following, to-wit: "But 
common carriers shall be compelled to provide accommo- 
dations equally good for all passengers who pay the same 
fare, and that this provision shall not be construed to re- 
quire such carriers to convey passengers who are guilty 
of disorderly behavior." 

A division of the question was required by Mr. Camp- 
bell and Mr. Conley, so as to take the vote on the sub- 
stitute and amendment separately. 

Mr. Smith, of Coweta, moved that the whole subject- 
matter be laid on the table. 

Upon this motion the yeas and nays were required to 
be recorded. 

Those who voted in the affirmative, are Messrs. 

Akerman, Christian of Newton, 

Angier, Chambers, 

Bell of Banks, Cooper, 

Bowden of Campbell, Crane, 

Bigby, Crawford, 

Blount, Cotting, 

Brown, Dunnegan, 

Bracewell, Fields, 

Bryson, Flynn, 

Buchan, P^oster of Paulding, 

Burnett, Goodwin, 

Carson, Gove, 

Cameron, Griffin, 



Journal Constitutional, Convention 1867-68 649 



Harris of Newton, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Jordan, 

Key, 

King, 

Knox, 

Lee, 

Lott, 

Maddox, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

Mathews, 



McCay, 

Minor, 

Miller, 

Moore of White, 

Neal, 

Saffold, 

Saulter, 

Smith of Charlton, 

Smith of Coweta, 

Smith of Thomas, 

Speer, 

Shropshire, 

Shumate, 

Stanford, 

Stanley, 

Trammell, 

Waddell, 

Welch, 

Whiteley, 

Woodey. 



Those who voted in the negative, are Messrs. 



Adkins, 

Alexander, 

Anderson, 

Ashburn, 

Bedford, 

Beaird, 

Bell of Oglethorpe, 

Bowers, 

Blodgett, 

Bryant, 

Bullock, 

Campbell, 

Casey, 

Clift, 

Chatters, 



Claiborne, 

Cobb of Houston, 

Costin, 

Conley, 

Crayton, 

Crumley, 

Dailey, 

Dinkins, 

Dunnning, 

Ellington, 

Gilbert, 

Golden, 

Guilford, 

Harrison of Hancock, 

Higbee, 



650 Confederate Records 



Hopkins, 


Reynolds, 


Jackson, 


Rice, 


Joiner, 


Rozar, 


Jones, 


Sikes, 


Linder, 


Seeley, 


I.umpkin, 


Stewart, 


Madden, 


Supple, 


McHan, 


Stone, 


Moore of Columbia, 


Strickland, 


Murphy, 


Walton, 


Noble, 


Wallace, 


Palmer, 


AVhitaker, 


Pope, 


Whitehead of Burke, 


Potts, 


AVhitehead of Butts, 


Prince, 


Williams. 



There are yeas, 67; nays, 60. So the motion to lay 
on the table prevailed. 

Mr. Angler proposed the following, to be known as 
paragraph four of the fifth section : 

The rate of interest in this State shall be that men- 
tioned in the contract; but, if the contract specifies no 
rate of interest, the legal rate of interest shall be seven 
per cent, per annum; Provided, That the General Assem- 
bly, by a vote of two-thirds of both branches, may change 
or modify this section. 

Pending action on said proposed paragraph, Mr. Mil- 
ler moved a suspension of the Rule, for the introduction 
of the following Resolution, to-wit : 

Resolved, That the Disbursing Agent be authorized 
and instructed to pay to the Journalizing Clerk the sum 
of one hundred and twenty dollars ; to each of the other 
officers and members the sum of sixty dollars; to the 
pages and other employees of the Convention; for print- 



Journal Constitutional Convention 1867-68 651 

ing, and upon account for incidental expenses, such sum^ 
as the Auditing Committee shall direct. 

The motion to suspend the Kule prevailed. 

Mr. Miller moved that the Resolution, adopted yester- 
day, relative to the disbursement of funds by the Dis- 
bursing Agent, be rescinded. 

The motion prevailed. 

The foregoing Resolution of Mr. Miller was taken up 
and amended, on his motion, by providing that the amount 
due the Hon. C. C. Richardson, to the date of his decease, 
be paid by the Disbursing Agent. 

Mr. Martin, of Habersham, proposed to amend, by 
striking out ''sixty dollars" and inserting "seventy-five 
dollars. ' ' 

Mr. Ashbum moved to amend further, by inserting af- 
ter the word "members" the word "present." 

Mr. Trammell proposed to amend the amendment of 
Mr. Ashbum, by adding, "or absent on leave from the 
Convention. ' ' 

The amendment to the amendment was received, and 
the same, as amended, was adopted. 

Mr. Trammell proposed to amend, by instructing the 
Committee on Printing to discontinue the publication of 
the daily proceedings of the Convention in the daily 
papers of this city. 

Upon this motion he required the yeas and nays to be 
recorded. 



652 



Confederate Records 



Those who voted in the affirmative, are Messrs. 



Adkins, 


Howe, 


Akerman, 


Hutcheson, 


Anderson, 


Jones, 


Bell of Banks, 


Key, 


Bowers, 


King, 


Bigby, 


Lee, 


Blount, 


Lott, 


Brown, 


Maddox, 


Bryson, 


Mathews, 


Burnett, 


Martin of Carroll, 


Cameron, 


Martin of Calhoun, 


Costin, 


McHan, 


Crane, 


Moore of White, 


Dunnegan, 


Neal, 


Fields, 


I*almer, 


Flynn, 


Saulter, 


Foster of Paulding, 


Smith of Coweta, 


(Griffin, 


Smith of Thomafi, 


Harrison of Carroll, 


Shropshire, 


Higbee, 


Stanford, 


Higden, 


Trammell, 


Houston, 


Tra^dek, 


Holcombe, 


Waddell, 


Hooks, 


Woodey. 


Those who voted in 


the negative, are Messrs. 


Alexander, 


Bullock, 


Angier, 


Campbell, 


Ashburn, 


Carson, 


Bedford, 


Casey, 


Beaird, 


Caldwell, 


Bell of Oglethorpe, 


Clift, 


Bowden of Campbell, 


Christian of Newton, 


Blodgett, 


Chatters, 


Bryant, 


Claiborne, 


Bracewell, 


Chambers, 


Buchan, 


Cobb of Houston, 



Journal Constitutional Convention 1867-68 653 



Conley, 

Crawford, 

Crayton, 

Crumley, 

Cotting, 

Daley, 

Dinkins, 

Dunning, 

Edwards, 

Ellington, 

Gilbert, 

Goodwin, 

Gove, 

Golden, 

Guilford, 

Harris of Newton, 

Harrison of Hancock, 

Hotchkiss, 

Hopkins, 

Hudson, 

Jackson, 

Joiner, 

Jordan, 

Knox, 

Linder, 

Lumpkin, 

Madden, 

Martin of Habersham, 

Minor, 

There are yeas, 48 ; nays, 79. So the amendment was 
not received. 

The question recurring upon the amendment of Mr. 
Martin, of Habersham, to strike out '^ sixty dollars" and 
insert "seventy-five dollars," the same was adopted. 

The Resolution of Mr. Miller, as amended, was adopt- 
ed, and is as follows, to-wit: 



Miller, 

Moore of Columbia, 

Murphy, 

Noble, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Saffold, 

Sikes, 

Seeley, 

Speer, 

Shumate, 

Stewart, 

Stanley, 

Stone, 

Strickland, 

Walton, 

Wallace, 

Welch, 

Whitaker, 

Whitehead of Burke, 

Whitehead of Butts, 

White! ey, 

Williams, 

Wooten. 



654 Confederate Records 

Resolved, That the Disbursing Agent be authorized 
and instructed to pay to the Journalizing Clerk the sum 
of one hundred and twenty dollars; to each of the other 
officers and members present, or absent on leave from the 
Convention, the sum of seventy-five dollars; to the Pages 
and other employees of the Convention ; for printing, and 
upon account for incidental expenses, such sums as the 
Auditing Committee shall direct ; and shall pay the 
amount due the late Honorable C. C. Richardson, to the 
date of his decease. 

Mr. Akerman offered the following Resolution, which 
was adopted, to-wit: 

Resolved, That the compensation due to the late Mr. 
Richardson be paid by the Disbursing Agent to Mr. Bry- 
ant, of Richmond, who is hereby instructed, after paying 
out of said money such lawful demands as may exist here 
against said deceased, to pay the residue to the mother 
of the deceased. 

Leave of absence was granted Messrs. Stanford and 
Cooper, for three days, on important business. 

Mr. Higbee, from the Committee on Enrollment, made 
the following report, to-wlt : 

Mr. President: 

The Committee on Enrollment beg leave to report 
that the following Resolutions have been regularly en- 
rolled, and are now ready for the signature of the Presi- 
dent and attestation of the Secretary, to-wit: 

A Resolution to authorize the Committee on Finance 
to negotiate a loan. 

A Resolution to refer sections two and three of the 



Journal Constitutional Convention 1867-68 655 

report of the Committee on the Legislative Department 
to a Special Committee. 

A Resolution to print the memorial of Honorable C. 
C. Richardson. 

A Resolution appointing a Committee to invite Gov- 
ernor Ruger to visit the Convention ; also, 

A Resolution to invite Captain C. F. Rockwell, Provi- 
sional Treasurer of Georgia, to visit the Convention. 

W. A. Fort, 

Chairman. 

Chairman of the Committee on Enrollment. 

On motion of Mr. Blodgett, the Rules were suspended, 
when he offered the following Preamble and Resolutions, 
which were taken up and agreed to, to-wit: 

Whereas, The Convention has determined that there 
shall be no imprisonment for debt in this State; and 
whereas, creditors are oppressing debtors, by the use of 
what is known as "Bail Process" and Writs of Ca. 8a. 
Therefore, 

Resolved, That in the opinion of this Convention, said 
proceedings are contrary to the wish of the people of this 
State. 

Resolved, That the General Commanding this district 
is hereby requested to protect, by order, the people of 
this State from the evil above set forth, and that such 
order remain in force until such time as the people have 
expressed their will in regard to the Constitution. 

Resolved, That a copy of this Preamble and Resolu- 



656 Confederate Records 

tions be transmitted to the Commanding Greneral by the 
President of this Convention. 

The Convention, on motion, adjourned until 9^4 
o'clock a. m. to-morrow. 



Atlanta, Ga., Thursday, February 20, 1868. 
The Convention met pursuant to adjournment. 

Prayer by the Bev. Mr. Trawick. 

Mr. Blodgett, from the Special Committee appointed 
to consider and report on the subject of Homestead, made 
the following report — five hundred copies of which were 
ordered to be printed, and the same made the special or- 
der for Monday next, to-wit: 

Your Committee, to whom was referred the duty of 
preparing a substitute for the thirty-second section of 
the Bill of Rights, as presented to this body, beg leave 
to submit the following: 

Each hea^ ^^ a family, or guardian, or trustee of a 
family of miijor txiildren, shall be entitled to a Home- 
stead of Realty to the value of twenty-five hundred dol- 
lars in specie, and Personal Property to the value of two 
thousand dollars in specie — ^both to be valued at the time 
they are set apart. And no Court, or ministerial officer 
of this State, shall ever have jurisdiction or authority to 
enforce any judgment, fi. fa., decree, or execution against 
said property so set apart, except for taxes and money, 
borrowed of Building and Loan Associations for improv- 
ing the homestead. And it shall be the duty of the Gen-^ 
eral Assembly, as early as practicable, to provide by law 
for the setting apart and valuation of said property, and 
to enact adequate laws for the full and complete protec- 



Journal Constitutional Convention 1867-68 657 

tion and security of the same, to the sole use and behoof 
of said families as aforesaid. All property of the wife, 
in her possession at the time of her marriage, and all 
property given to, inherited, or acquired by her, shall 
remain her separate property, and not liable for the debts 
of her husband. 

Foster Blodgett, Chairman. 

N. P. HOTCHKISS, 

J. E. Blount, 
Samuel F. Gove, 
H. V. M. Miller, 
W. T. Crane, 
P. B. Bedford, 

Mr. Higbee, from the Committee on Enrollment, made 
the following report, to-wit: 

Mr. President : 

The Committee on Enrollment report, as duly enroll- 
ed, and ready for the signature of the President, and at- 
testation of the Secretary, the following Preamble and 
Eesolutions, to-wit: 

Preamble and Resolutions in regard to imprisonment 
for debt. 

W. A. Fort, 

Chairman Committee on Enrollment. 

The consideration of the unfinished business of yes- 
terday was resumed, to-wit: the following, proposed by^ 
Mr. Angier, to be known as paragraph four of the fifth 
section : 

The rate of interest in this State shall be that men- 
tioned in the contract; but if the contract specifies no rate 



658 Confederate Records 

of interest, the legal rate of interest shall be seven per 
cent, per annum : Provided, That the General Assumbly, 
by a vote of two- thirds of both branches, may change or 
modify this section. 

Mr. McCay rose to a point of order, assuming that 
the same proposition, in substance, had been previously 
considered and rejected, and that it was legislative in its 
character. 

The point of order was overruled by the President pro 
tern. 

Mr. McCay appealed from the decision of the Chair, 
which decision was not sustained. 

Leave of absence was granted Messrs. Cobb of Madi- 
son, Griffin, and MauU. 

Mr. Whiteley, from the Special Committee, to whom 
was referred the second and third sections of the report 
of the Committee on Legislative Department, made the 
following report, which, on motion, was taken up, to-wit : 

REPORT OF THE SPECIAL COMMITTEE ON 
REPRESENTATION. 

To the Convention: 

Your Committee have considered the second and third 
sections of the report of the Committee on the Legisla- 
tive Department, and beg leave to report, and recommend 
the adoption of the following: 

1. The first paragraph of the second section, as re- 
ported by said Committee. 

2. In lieu of the second paragraph the following: 



Journal Constitutional Convention 1867-68 659 

Par. 2. The Senators shall be citizens of the United 
States, who have attained to the age of thirty years, and 
who have been citizens of this State for two years, and 
for one year resident of the District from which elected. 

Par. 3. The presiding officer of the Senate shall be 
styled the President, and shall be elected viva voce from 
the Senators elect. 

Par. 4. The same as reported by the Committee. 
SECTION III. 

1. The House of Representatives shall consist of One 
Hundred and Seventy-five Representatives, apportioned 
as follows : To the six largest Counties, to-wit : Chatham, 
Richmond, Fulton, Bibb, Houston, and Burke, three Rep- 
resentatives each; to the thirty-one next largest, to-wit: 
Bartow, Columbia, Cobb, Coweta, Clark, Decatur, Dough- 
erty, Floyd, Gwinnett, Greene, Hancock, Harris, Jeffer- 
son, Lee, Muscogee, Monroe, Meriwether, Morgan, Macon, 
Newton, Oglethorpe, Pulaski, Randolph, Sumter, Stewart, 
Troup, Thomas, Talbot, Washington, Wilkes, and War- 
ren, two Representatives each ; and to the remaining nine- 
ty-five Counties, one Representative each. ' . 

2. The above apportionment may be changed by the 
General Assembly after each census by the United States 
Government, but in no event shall the aggregate number 
of Representatives be increased. 

3. The Representatives shall be citizens of the Unit- 
ed States, who have attained the age of twenty-four years, 
and who have been citizens of the State for one year, and 
for six months residents of the County from which elected. 



660 Confederate Records 

Par. 4. Recommend the adoption of paragraph three 
of the report. 

Par. 5. Recommend the adoption of paragraph four 
of the report. 

Par. 6. Recommend the adoption of paragraph five 
of the report. 

Richard H. Whiteley, Ch'n 
n. p. hotchkiss, 
Foster Blodgett, 
W. P. Edwards, 
W. H. Whitehead, 
Wesley Shropshire, 
Isaac Seeley. 

Mr. Miller moved that the report be laid on the table, 
and five hundred copies thereof printed for the use of 
the Convention. 

This motion was withdrawn by the mover. 

Mr. Bryant moved to recommit the report under con- 
sideration to the Special Committee, with instructions to 
report a plan of representation to the General Assembly, 
based upon population, giving to the House of Repre- 
sentatives one hundred and sixty-nine members, and to 
the Senate not more than one-third, nor less than one- 
fourth of that number. 

Mr. Miller offered to amend the report of said Special 
Committee as follows : 

The House of Representatives shall consist of eighty- 
eight members, to be elected by general ticket; but no 
elector shall be entitled to vote for more than fifty can- 
didates. 



Journal Constitutional Convention 1867-68 661 

Mr. Campbell proposed to amend said reports so that 
there shall be one representative for every two thousand 
five hundred persons, and that there shall be twelve ad- 
ditional members of the Senate. 

Mr. Bryant offered to amend his motion by referring 
so much of the report as refers to Senatorial representa- 
tion back to the Committee, and that they be instructed 
to report a plan of representation to the Senate, based 
upon population. 

The amendment was received, and, upon the motion 
to refer, the previous question was called for and sus- 
tained. 

The main question was put. 

The motion of Mr. Bryant to refer was lost. 

The amendments of Messrs. Miller and Campbell were 
lost. 

The question of the adoption of the report being sub- 
mitted to the Convention, Mr. Bryant rose to a point of 
order, assuming that the previous question having been 
called and sustained on the motion to refer, did not, in itg^ 
operation, extend to the question of adopting the report. 

The point of order was overruled. 

Mr. Bryant appealed therefrom, and the decision of 
the Chair was sustained. 

The report of the Committee was then adopted. 

Tlie result having been announced, Mr. Bryant rose to 
a point of order, assuming, as there had been no motion 
to adopt said report, the vote upon its adoption was pre- 
mature. 



662 Confederate Records 

The President overruled the point of order, stating 
that, as in the regular course of business the question of 
adopting the report was pending, it was necessary that 
there should he a motion for its adoption. 

Mr. Bryant appealed from the decision, which deci- 
sion was sustained. 

On motion of Mr. Whiteley, the report of the Commit- 
tee on ''Legislative Department," as amended and adopt- 
ed, was ordered to be printed, and referred to the Com- 
mittee on Revision. 

Said report, as amended and adopted, is as follows, 
to-wit : 

SECTION I. 

1. The Legislative, Executive, and Judicial Depart- 
ment shall be distinct ; and each department shall be con- 
fided to a separate body of Magistracy. No person, or 
collection of persons, being of one department, shall ex- 
ercise any power properly attached to either of the others, 
except in cases herein expressly provided. 

2. The Legislative Power shall be vested in a Gen- 
eral Assembly, which shall consist of a Senate and House 
of Representatives, the members whereof shall be elected, 
and the returns of the election made as now prescribed by 
law, until changed by the General Assembly. 

3. The members of the Senate shall be elected for 
four years, except that the members elected at the first 
election from the twenty- two Senatorial Districts, num- 
bered in this Constitution with odd numbers, shall only 
hold their office for two years. The members of tha 
House of Representatives shall be elected for two years. 



Journal Constitutional Convention 1867-68 663 

The election for members of the General Assembly shall 
begin on Tuesday after the first Monday in November of 
every second year, except the first election, which shall 
be with in days after the adjournment of this Con- 
vention; but the General Assembly may, by law, change 
the day of election, and the members shall each hold un- 
til their successors are elected and qualified. 

4. The first meeting of the General Assembly shall 
be within days after the adjournment of this Con- 
vention, after which it shall meet annually on the second 
Wednesday in January, or on such other day as the Gen- 
eral Assembly may prescribe. A majority of each House 
shall constitute a quorum to transact business, but a smal- 
ler number may adjourn from day to day, and compel 
the presence of its absent members, as each House may 
provide. No session of the General Assembly, after the 
second, under this Constitution, shall continue longer 
than forty days, unless prolonged by a vote of two-thirds 
of each branch thereof. 

5. No person holding any military commission or 
other appointment of office, having any emolument or 
compensation annexed thereto, under this State or the 
United States, or either of them, except Justices of the 
Inferior Court, Justices of the Peace, and officers of the 
Militia, nor any defaulter for public money, or for any 
legal taxes required of him, shall have a seat in either 
House. Nor shall any Senator or Representative, after 
his qualification as such, be elected by the General As- 
sembly or appointed by the Governor, either with or 
without the advice and consent of two-thirds of the Sen- 
ate, to any office or appointment, having any emolument 
annexed thereto, during the time for which he shall have 
been elected. 



664 Confederate Records 

6. No person convicted of any felony or larceny be- 
fore any Court of this State, or of or in the United States, 
shall be eligible to any office or appointment of honor or 
trust within this State, unless he shall have been par- 
doned. 

7. No person who is a holder of any public moneys 
shall be eligible to any office in this State, until the same 
is accounted for and paid into the Treasury. 

8. The seat of a member of either House shall be 
vacated on his removal from the District from which he 
is elected. 

SECTION 11. 

1. There shall be forty-four Senatorial Districts in 
this State composed each of three contiguous counties, 
from each of which Districts one Senator shall be chosen. 
Until they are otherwise arranged, as hereinafter provid- 
ed, the said Districts shall be constituted of counties as 
follows : 

The First District of Chatham, Bryan, and Effingham. 

The Second District of Liberty, Tatnall, and Mcin- 
tosh. 

The Third District of Wayne, Pierce, and Appling. 

The Fourth District of Glynn, Camden, and Charlton. 

The Fifth District of Coffee, Ware, and Clinch. 

The Sixth District of Echols, Lowndes, and Berrien. 

The Seventh District of Brooks, Thomas, and Colquitt. 

The Eighth District of Decatur, Mitchell, and Miller. 



JouRNAX, Constitutional Convention 1867-68 665 

The Ninth District of Early, Calhoun, and Baker. 

The Tenth District of Dougherty, Lee, and Worth. 

The Eleventh District of Clay, Randolph, and Terrell. 

The Twelfth District of Stewart, Webster, and Quit- 
man. 

The Thirteenth District of Sumter, Schley, and Macon. 

The Fourteenth District of Dooly, Wilcox, and Pu- 
laski. 

The Fifteenth District of Montgomery, Telfair, and 
Irwin. 

The Sixteenth District of Laurens, Johnson, and 
Emanuel. 

The Seventeenth District of Bulloch, Screven, and 
Burke. 

The Eighteenth District of Richmond, Grlascock, and 
Jefferson. 

The Nineteenth District of Taliaferro, Warren, and 
Grreen. 

The Twentieth District of Baldwin, Hancock, and 

Washington. 

The Twenty-first District of Twiggs, Wilkinson, and 
Jones. 

The Twenty-second District of Bibb, Monroe, and 
Pike. 

The Twenty-third District of Houston, Crawford, and 
Taylor. 



6C)6 Confederate Records 

The Twenty-fourth District of Marion, Chattahoochee, 
and Muscogee. 

The Twenty-fifth District of Harris, Upson,, and Tal- 
bot. 

The Twenty-sixth District of Spalding, Butts, and 
Fayette. 

The Twenty-seventh District of Newton, Walton, and 
Clarke. 

The Twenty-eighth District of Jasper, Putnam, and 
Morgan. 

The Twenty-ninth District of Wilkes, Lincoln, and 
Columbia. 

The Thirtieth District of Oglethorpe, Madison, and 
Elbert. 

The Thirty-first District of Hart, Franklin, and 
Habersham. 

The Thirty-second District of White, Lumpkin, and 
Dawson. 

The Thirty-third District of Hall, Banks, and Jackson. 

The Thirty-fourth District of Gwinnett, DeKalb, and 
Henry. 

The Thirty-fifth District of Clayton, Fulton, and Cobb. 

The Thirty-sixth District of Meriwether, Coweta, and 
Campbell. 

The Thirty-seventh District of Troup, Heard, and 
Carroll. 

The Thirty-eighth District of Haralson, Polk, and 
Paulding. 



Journal Constitutional Convention 1867-68 667 

The Thirty-ninth District of Cherokee, Milton, and 
Forsyth. 

The Fortieth District of Union, Towns, and Rabun. 

The Forty-first District of Fannin, Gilmer, and 
Pickens. 

The Forty-second District of Bartow, Floyd, and 
Chattooga. 

The Forty-third District of Murray, Whitfield, and 
Gordon. 

The Forty-fourth District of Walker, Dade, and 
Catoosa. 

If a new county be established, it shall be added ta 
a district which it adjoins, and from which the larger 
portion of its territory is taken. The Senatorial Dis- 
tricts may be changed by the General Assembly, but only 
at the first session after the taking of each census by the 
United States Government, and their number shall nev- 
er be increased. 

2. The Senators shall be citizens of the United States, 
who have attained the age of thirty years, and who have 
been citizens of this State for two years, and for one year 
residents of the Districts from which elected. 

3. The presiding officer of the Senate shall be styled 
the President, and shall be elected viva voce from the 
Senators elect. 

4. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, the mem- 
bers shall be on oath or affirmation, and shall be presided 
over by one of the Judges of the Supreme Court, selected 
for that purpose by a viva voce of the Senate; and no 



G68 Confederate Records 

person shall be convicted without the concurrence of two- 
thirds of the members present. Judgments in cases of 
impeachment shall not extend further than removal from 
office and disqualification to hold and enjoy any office of 
honor, trust or profit within this State, but the party con- 
victed shall nevertheless be liable and subject to indict- 
ment, trial, judgment, and punishment according to law. 

SECTION III. 

1. The House of Representatives shall consist of one 
hundred and seventy-five Representatives, appointed as 
follows: to the six largest Counties, to-wit: Chatham, 
Richmond, Fulton, Bibb, Houston and Burke, three Rep- 
resentatives each; to the thirty-one next largest, to-wit; 
Bartow, Columbia, Cobb, Coweta, Clark, Decatur, Dough- 
erty, Floyd, Gwinnett, Green, Hancock, Harris, Jeffer- 
son, Lee, Muscogee, Monroe, Meriwether, Morgan, 
Macon, Newton, Oglethorpe, Pulaski, Randolph, Sumter, 
Stewart, Troup, Thomas, Talbot, Washington, Wilkes, 
and Warren, two Representatives each; and to the re- 
maining ninety-five counties one Representative each. 

2. The above apportionment may be changed by the 
General Assembly after each census by the United States 
Government, but in no event shall the aggregate number 
of Representatives be increased. 

3. The Representatives shall be citizens of the Unit- 
ed States, who have attained the age of twenty-one years, 
and who, after the first election under this Constitution, 
shall have been citizens of this State for one year, and 
for six months residents of the counties from which elect- 
ed. 

4. The presiding officer of the House of Represen- 



Journal. Constitutional Convention 1867-68 669 

tatives shall be styled the Speaker, and shall be elected 
viva voce from the body. 

The House of Representatives shall have the sole pow- 
er to impeach all persons who shall have been or may be 
in office. 

6. All bills for raising revenue or appropriating 
money shall originate in the House of Representatives, 
but the Senate may propose or concur in amendments as 
in other bills. 

SECTION IV. 

1. Each House shall be the judge of the election, 
returns, and qualifications of its members, and shall have 
power to punish them for disorderly behavior, or miscon- 
duct, by censure, fine, imprisonment, or expulsion; but 
no member shall be expelled except by a vote of two- 
thirds of the House from which he is expelled. 

2. Each House may punish by imprisonment, not 
extending beyond the session, any person not a member, 
who shall be guilty of contempt by any disorderly be- 
havior in its presence, or who, during the session, shall 
threaten injury to the person or estate of any member 
for anything said or done in either House, or who shall 
assault any member going to or returning therefrom, or 
who shall rescue, or attempt to rescue, any person ar- 
rested by order of either House. 

3. The members of both Houses shall be free from 
arrest during their attendance on the General Assembly, 
and in going to or returning therefrom, excepting for 
treason, felony, larceny, or breach of the peace; and no 



670 Confederate Records 

member shall be liable to answer in any other place for 
anything spoken in debate in either House. 

4. Each House shall keep a Journal of its proceed- 
ings, and publish them immediately after its adjourn- 
ment. The yeas and nays of the members on any ques- 
tion shall, at the desire of one-fifth of the members pres- 
ent, be entered on the Journals. The original Journal 
shall be preserved, after publication, in the office of the 
Secretary of State; but there shall be no other record 
thereof. 

5. Every bill, before it shall pass, shall be read three 
times, and on three separate and distinct days in each 
House, unless in cases of actual invasion or insurrection. 
Nor shall any law or ordinance pass which refers to more 
than one subject-matter, or contains matter different 
from what is expressed in the title thereof. 

6. All Acts shall be signed by the President of the 
Senate and the Speaker of the House of Representatives ; 
and no Bill, Ordinance, or Resolution, intended to have 
the effect of a law, which shall have been rejected by 
either House, shall be again proposed during the same 
session under the same or any other title, without the 
consent of two-thirds of the House by which the same wa^ 
rejected. 

7. Neither House shall adjourn for more than three 
days, nor to any other place, without the consent of the 
other; and in case of disagreement between the two 
Houses on a question of adjournment, the Governor may 
adjourn either or both of them. 

8. The officers of the two Houses, other than the 
President and Speaker, shall be a Secretary of the Sen- 



Journal, Constitutional Convention 1867-68 671 

ate and Clerk of the House, and an Assistant for each; 
a Journalizing Clerk, two Engrossing and two Enrolling 
Clerks for each House; and the number shall not be in- 
creased, except by a majority vote of the House. And 
their per diem pay, as well as the pay and mileage of 
the members, shall be fixed by law, in the passage of 
which a majority of the members of each House shall 
concur. 

9. Whenever this Constitution requires a vote of two- 
thirds of either or both Houses for the passing of an Act 
or Resolution, the yeas and nays on the passage there- 
of shall be entered on the Journal or Journals. And all 
votes on confirmations or refusals to confirm nominations 
to office by the Governor shall be by yeas and nays ; and 
the yeas and nays shall be recorded on the Journal. 

10. Every Senator and Representative, before tak- 
ing his seat, shall take an oath or affirmation to support 
the Constitution of the United States and of this State; 
that he has not practiced any unlawful means, directly or 
indirectly, to procure his election, and that he has not 
given, or offered, or promised, to any person, any money, 
treat, or thing of value, with intent to effect any vote, or 
to prevent any person voting at the election at which he 
was elected. 

SECTION V. 

1. The General Assembly shall have power to make 
all laws and ordinances, consistent with this Constitution 
and not repugnant to the Constitution of the United 
States, which they shall deem necessary and proper for 
the welfare of the State. 



672 Confederate Records 

2. The Greneral Assembly may alter the boundaries of, 
or lay off and establish new counties, or abolish counties, 
attaching the territory thereof to contiguous counties ; but 
no new counties shall be established but by a vote of two- 
thirds of each House, nor shall any county be abolished 
except by a vote of two-thirds of each House, and after the 
qualified voters of the county shall, at an election held for 
the purpose, so desire. 

SECTION VI. 

1. No money shall be drawn from the Treasury ex- 
cept by appropriation made by law, and a regular state- 
ment and account of the receipt and expenditure of all 
public money shall be published from time to time, and 
with the laws passed by each session of the Gleneral As- 
sembly 

2. No vote, resolution, law, or order shall pass, grant- 
ing a donation or gratuity in favor of any person, except 
by the concurrence of two-thirds of each branch of the 
General Assembly, nor to any sectarian corporation or as- 
sociation at all. 

3. No law or section of the Code shall be amended or 
repealed by mere reference to its title or to the number of 
the section in the Code, but the amending or repealing 
act shall distinctly and fully describe the law to be amend- 
ed or repealed, as well as the alteration to be made ; but 
this clause shall be construed as directory, only, to the 
General Assembly. 

No law shall be passed by which a citizen shall be com- 
pelled, against his consent, directly or indirectly, to be- 
come a stockholder in, or contribute to any railroad or 



Journal Constitutional Convention 1867-68 673 

work of public improvement, except in the case of the in- 
habitants of a corporate town or city. In such cases the 
General Assembly may permit the corporate authorities 
to take such stock, or make such contribution, or engage 
in such work, after a majority of the qualified voters of 
such town or city voting at said election shall, at any elec- 
tion held for the purpose, have voted in favor of same, but 
not otherwise. 

5. The General Assembly shall have no power to 
grant corporate powers and privileges to private Compa- 
nies, except to Banking, Insurance, Railroad, Canal, Nav- 
igation, Mining, Express, Lumber, Manufacturing, and 
Telegraph Companies ; nor to make or change election 
precincts; nor to establish Bridges and Ferries; nor to 
change names of legitimate children; but it shall pre- 
scribe, by law, the manner in which such powers shall be 
exercised by the Courts. But no charter for any Banks 
shall be granted or extended, and no act passed authoriz- 
ing the suspension of specie payments by any Bank, ex- 
cept by a vote of two-thirds of the General Assembly. 
The General Assembly shall pass no law making the State 
a stockholder in any corporate Company; nor shall the 
credit of the State be granted or loaned to aid any Com- 
pany without the concurrence of a majority of both 
Houses, nor without a provision that the whole property 
of the Company shall be bound for the security of the 
State prior to any other debt or lien, except as to labor- 
ers ; nor to any company in which there is not already an 
equal amount invested by private persons; nor for any 
other object than a work of public improvement. The 
General Assembly shall provide adequate penalties to 
prohibit the sale of Lottery Tickets in this State. No pro- 
vision in this Constitution for a two-thirds vote of both 



674 Confederate Records 

Houses of the General Assembly shall be construed to 
waive the necessity of the signature of the Governor, as 
in any other cases, except in the case of the two-third vote 
required to override the veto. 

On motion of Mr. Hopkins, the Rule was suspended, 
when he offered the following Resolution: 

Whereas, Georgia was thrown out of her orbit on the 
19th day of January, 1861, upon a principle which many 
of her ablest statesmen believe to be constitutional and 
right; but it has been clearly demonstrated, after a pro- 
longed and sanguinary struggle, that, however correct 
the principle, in their judgment, they have failed to estab- 
lish it ; and, whereas, it is our policy to close the breach 
which now divides us into two hostile political parties, by 
mutual forbearance and concessions, by recognizing all 
who assist us in the great work of reconstruction as 
friends and faithful allies. Be it, therefore. 

Resolved, That the Governor of this State shall, imme- 
diately after the ratification of the Constitution which 
will be submitted to her people by this Convention, cause 
the names of all such persons to be transmitted to Con- 
gress, and, in the name of Georgia, request them to re- 
move all their disabilities. 

The foregoing Resolution was taken up, read, and of- 
fered to the Special Committee of"^ seven, heretofore ap- 
pointed on a similar subject. 

On motion of Mr. Turner, the Rule was suspended, 
when he offered the following Resolution, which was tak- 
en up and agreed to, to-wit : 

Whereas, Charles Patterson has acted as Porter to 
this body since the commencement of our session, and 



Journal. Constitutional Convention 1867-68 675 

should be continued in the performance of those duties 
heretofore rendered — 

Resolved, That said Charles Patterson is hereby rec- 
ognized as Porter to this Convention, and that his duties 
be in the future as in the past; making fires, bringing 
water, sweeping and keeping in order the Hall used by 
the Convention, and that he shall receive therefor the sum 
of five dollars per day, out of which he shall pay for such 
assistance as he may employ. 

On motion of Mr. Speer, the Rule was suspended for 
the introduction of the following Resolution, to- wit : 

Resolved, That the Disbursing Officer of this Conven- 
tion be authorized and directed to pay to Patrick Pitzgib- 
bon, Sr., twenty-seven dollars for three days' service as 
Messenger for this Convention. 

Mr. Harris, of Newton, proposed to amend the fore- 
going by providing pay for Harry Camp, on account of 
certain services rendered. 

The same was referred under the following Resolution 
of Mr. Smith, of Coweta, which was agreed to : 

Resolved, That a Committee of three be appointed to 
investigate the claims of all who present accounts against 
this Convention, and report the same to this body. 

TTie President, under this Resolution, appointed 
Messrs. Smith of Coweta, Dunnegan, and Ellington. 

General Ruger, Provisional Grovernor of this State, 
and Capt. Rockwell, Provisional Treasurer, were received 
at the door of the Hall, and conducted by the Special Com- 
mittee appointed for this purpose to the President's desk, 
and were introduced to the Convention by the President. 



676 Confederate Records 

On motion of Mr. Saffold, the Convention took a re- 
cess for fifteen minutes, to give members an opportunity 
of personal presentation to, and intercourse with, the hon- 
orable gentlemen mentioned. 

The recess having expired, the President called the 
Convention to order. 

On motion of Mr. Akerman, the report of the Commit- 
tee on the Judiciary Department was taken up. 

On motion of Mr. Bell, of Banks, it was decided to con- 
sider the same by sections and paragraphs. 

Mr. Bell, of Banks, moved to amend the first para- 
graph of the first section by striking out from the first 
line thereof the words ''County Courts." 

Pending action on the first paragraph and first sec- 
tion with the proposed amendment, a motion was made 
to adjourn, which was lost. 

Mr. Saffold moved a suspension of the Eule for the in- 
troduction of a Resolution regulating the hours of meet- 
ing and adjournment, providing therein for afternoon ses- 
sions. 

The Rule was not suspended. 

The Convention then, on motion, adjourned until 91/2 
o'clock a. m., to-morrow. 



Atlanta, Ga., Friday, February 21, 1868. 

The Convention met pursuant to adjournment. 
Prayer by the Chaplain. 
The Journal was read. 



Journal Constitutional Convention 1867-68 677 

Mr. Prince gave notice that he would move a reconsid- 
eration of so much thereof as relates to the adoption, on 
yesterday, of the report of the Special Committee, to 
whom were referred the second and third sections of the 
report of the Committee on Legislative Department. 

Leave of absence was granted Messrs. Jones, Saulter, 
Bedford, and Harrison of Hancock. 

On motion of Mr. Akerman, the Bule was suspended, 
when he offered the following Resolution, which was 
agreed to, to-wit : 

Resolved, That the Committee on Finance be instruct- 
ed to inquire and report what will be a suitable compensa- 
tion to the Honorable N. L. Angier, for his services as Dis- 
bursing Agent of the Convention. 

Mr. Miller moved a suspension of the Bule, for the in- 
troduction of the following Resolution, from the Commit- 
tee on Revision, to-wit: 

Resolved, That the Judiciary Committee be instructed 
to report an article, to form a part of the Constitution, 
declaring the gradation of the laws, and the force and ef- 
fect of the Acts of the Legislature, and judgments of the 
Courts sitting in this State since 19th January, 1861, and 
the status of the rights which have grown up under said 
laws and judgments. 

The Rule was suspended, the Resolution taken up and 
agreed to, 

Mr. Conley offered the following Ordinance, which was 
read and referred to the Committee on the Judiciary De- 
partment: 

An Ordinance to declare valid certain Acts and ap- 



678 Confederate Records 

pointments therein mentioned, and thereby prevent liti- 
gation. 

On motion of Mr. Miller, Mr. Bigby was added to the 
Judiciary Commi"Hee. 

On motion of Mr. Whiteley, Mr. Bryant and Mr. Har- 
ris, of Newton, were, also, added to said Committee. 

On motion of Mr. Ashbum, the Rule was suspended, 
when he offered the following Resolution, to-wit : 

Resolved, That a Committee of seven be appointed by 
the President, whose duty shall be to report to this Con- 
vention a basis of Congressional representation for the 
State. 

Mr. Blodgett offered the following, as a substitute, 
which was accepted by Mr. Ashbum, to-wit: 

Resolved, That a Committee of seven be appointed by 
the President, to lay off and define the Congressional Dis- 
tricts of Georgia, and report to this Convention. 

Mr. Speer moved to amend, by adding, ' ' and upon this 
Committee shall be no aspirant for Congressional hon- 
ors. ' ' 

On motion of Mr. Blodgett, the substitute and amend- 
ment were referred to the Committee on Franchise. 

The motion of Mr. Prince, to reconsider, was taken up, 
and the yeas and nays required to be recorded thereon. 

Those who voted in the affirmative, are Messrs. 

Adkins, Angier, 

Akerman, Ashbum, 

Alexander, Beaird, 

Anderson, Baldwin, 



Journal Constitutional Convention 1867-68 679 



Bell of Oglethorpe, 

Blodgett, 

Blount, 

Bryant, 

Bullock, 

Campbell, 

Carson, 

Casey, 

Caldwell, 

Chatters, 

Cobb of Houston, 

Costin, 

Conley, 

Crawford, 

Crayton, 

Crumley, 

Cotting, 

Dailey, 

Dinkins, 

Dunning, 

Edwards, 

Ellington, 

Gilbert, 

Grolden, 

Guilford, 

Higbee 

Hopkins, 

Jackson, 

Joiner, 

Jones, 

Jordan, 

Linder, 



Lumpkin, 

Madden, 

McHan, 

McCay, 

Moore of Columbia, 

Mui-phy, 

Neal, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Saffold, 

Sikes, 

Shields, 

Seeley, 

Speer, 

Stewart, 

Supple, 

Stone, 

Strickland, 

Turner, 

Walton, 

Wallace, 

Welch, 

Whitaker, 

Whitehead of Burke, 

AVhitehead of Butts, 

Whiteley, 

Williams. 



Those who voted in the negative, are Messrs. 



Bell of Banks, 
Bowden of Campbell, 
Bowers, 
Bigby, 



Brown, 
Bracewell, 
Bryson, 
Buchan, 



680 



Confederate Records 



Burnett, 

Cameron, 

Crane, 

Dunnegan, 

Fields, 

Fort, 

Foster of Paulding, 

Goodwin, 

Harris of Newton, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 

Holcorabe, 

Hooks, 

Howe, 

Hudson, 

Hutcheson, 

Key, 



King, 

Knox, 

Lee, 

Lott, 

Maddox, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

Miller, 

Moore of White, 

Saulter, 

Smith of Coweta, 

Smith of Thomas, 

Shropshire, 

Shumate, 

Trammell, 

Trawick, 

Woodey. 



There are yeas, 72 ; nays, 46. So the motion to recon- 
sider prevailed. 

On motion of Mr. McCay, the report of the Committee 
on Legislative Department was taken up. 

Mr. McCay proposed to amend as follows : In the 
second section, paragraph 2d, insert after the word 
''who," in the third line, the words "after the first elec- 
tion under this Constitution, shall;" after the word 
"who," in the third section and third paragraph, insert 
the same words. 

Mr. Bryant proposed to amend the second paragraph 
of the second section, by striking out "thirty" and insert- 
ing "twenty-five;" and the third paragraph of the third 
section, by striking out "twenty-five;" and inserting 
' ' twenty- one. ' ' 



JouENAL Constitutional Convention 1867-68 681 

Mr. Blodgett called for the previous question, which 
was sustained. 

The proposed amendment of Mr. Bryant was first sub- 
mitted, and upon this the yeas and nays were required to 
be recorded. 

Those who voted in the affirmative, are Messrs. 



Adkins, 


Golden, 


Akerman, 


Guilford, 


Alexander, 


Higbee, 


Anderson, 


Hopkins, 


Angier, 


Jackson, 


Ashbum, 


Joiner, 


Beaird, 


Jones, 


Baldwin, 


Jordan, 


Bell of Oglethorpe, 


Linder, 


Bowers, 


Lumpkin, 


Blodgett, 


Madden, 


Bigby, 


Mathews, 


Bryant, 


McHan, 


Bryson, 


McCay, 


Bullock, 


Moore of Columbia, 


Campbell, 


Murphy, 


Casey, 


Neal, 


Caldwell, 


Noble, 


Chatters, 


Palmer, 


Cobb of Houston, 


Pope, 


Costin, 


Prince, 


Crayton, 


Reynolds, 


Crumley, 


Rice 


Cotting, 


Rozar, 


Dailey, 


Saffold, 


Dinkins, 


Sikes, 


Dunning, 


Shields, 


Edwards, 


Seeley, 


Ellington, 


Speer, 


Goodwin, 


Stewart, 



682 



Confederate Records 



Supple, 


Welch, 


Stone, 


Whitaker, 


Strickland, 


Whitehead of Burke, 


Turner, 


Whitehead of Butts, 


Walton, 


Williams. 


Wallace, 




Those who voted in 


the negative, are Messrs. 


Bell of Banks, 


Howe, 


Bowden of Campbell, 


Hudson, 


Blount, 


Hutcheson, 


Brown, 


Key, 


Bracewell, 


King, 


Buchan, 


Knox, 


Burnett, 


Lee, 


Carson, 


Lott, 


Cameron, 


Maddox, 


Conley, 


Martin of Carroll, 


Crane, 


Martin of Calhoun, 


Crawford, 


Martin of Habersham, 


Dunnegan, 


Miller, 


Fields, 


Moore of White, 


Fort, 


Robertson, 


Foster of Paulding, 


Saulter, 


Gilbert, 


Smith of Coweta, 


Harris of Newton, 


Smith of Thomas, 


Harrison of Carroll, 


Shropshire, 


Higden, 


Shumate, 


Hotohkiss, 


Trammell, 


Houston, 


Trawick, 


Holcombe, 


Whiteley, 


Hooks, 


Woodey. 



There are yeas, 71 ; nays, 48. 
received. 



So the amendment was 



The amendment of Mr. McCay was then submitted, 
and upon this proposition, the yeas and nays also were 
required to be recorded. 



Journal. Constitutional, Convention 1867-68 683 



Those who voted in the affirmative, are Messrs. 



Adkins, 

Akerman, 

Alexander, 

Anderson, 

Angier, 

Ashbnm, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bowers, 

Blodgett, 

Bryant, 

Brown, 

Bullock, 

Campibell, 

Carson, 

Casey, 

Caldwell, 

Chatters, 

Claiborne, 

Cobb of Houston, 

Costin, 

Conley, 

Crayton, 

Crumley, 

Cotting, 

Dailey, 

Dinkins, 

Dunning, 

Edwards, 

Ellington, 

(tI Godwin, 

Golden, 

Guilford, 

Higbee, 

Hopkins, 

Jackson, 



Joiner, 

Jones, 

Knox, 

Linder, 

Lumpkin, 

Madden, 

McHan, 

McCay, 

Moore of Columbia, 

Murphy, 

Neal, 

Noble, 

Palmer, 

Pope, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Saffold, 

Saulter, 

Sikes, 

Shields, 

Seeley, 

Stewart, 

Supple, 

Stone, 

Strickland, 

Traywick, 

Turner, 

Walton, 

Wallace, 

Welch, 

Whi taker, 

Whitehead of Burke, 

Whitehead of Butts, 

Whiteley, 

Williams. 



684 



Confederate Records 



Those who voted in the negative, are Messrs. 



Bell of Banks, 

Bigby, 

Blount, 

Bracewell, 

Bryson, 

Burnett, 

Cameron, 

Crane, 

Crawford, 

Dunnegan, 

Fields, 

Foster of Paulding, 

Gilbert, 

Harris of Newton, 

Harrison of Carroll, 

Higden, 

HotchMss, 

Houston, 

Holcombe, 

Hooks, 

Howe, 



Hudson, 

Hutclieson, 

Jordan, 

Key, 

King, 

Lee, 

Lott, 

Maddox, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

Miller, 

Moore of White, 

Robertson, 

Smith of Coweta, 

Smith of Thomas, 

Shropshire, 

Shumate, 

Trammell, 

Woodey, 



There are yeas, 74; nays, 42. So the amendment of 
Mr. McCay was received, and the second paragraph of 
the second section, and the third paragraph of the third 
section, as amended, are as follows, to-wit : 

Sec. 2, Par. 2. The Senators shall be citizens of the 
United States, who have attained the age of twenty-five 
years, and who, after the first election under this Consti- 
tution, shall have been citizens of this State for two years, 
and for one year a resident of the District from which 
elected. 

Sec. 3, Par. 3. The Representatives shall be citizens 
of the United States, who have attained the age of twenty- 
one years, and who, after the first election under this Con- 



Journal Constitutional Convention 1867-68 685 

stitution, shall have been citizens of this State for one 
year, and for six months residents of the Counties from 
which elected. 

The report of the Committee, as amended, was adopt 
ed. 

Mr. Dunning moved a suspension of the Rule, for the 
purpose of offering the following, as an independent ar- 
ticle, to form a part of the Constitution, to-wit : 

The Capitol of this State shall be removed from Mil- 
ledge ville and located at the City of Atlanta, and the suc- 
ceeding Legislatures shall provide for the erection of a 
new State House, and other buildings which the public in 
terests may require. 

Mr. Cotting called for the previous question, which 
was sustained, on the motion to suspend the Rule. 

The main question being put, the yeas and nays were 
required to be recorded thereon. 

Those who voted in the affirmative, are Messrs. 

Angier, Caldwell, 

Ashburn, Christian of Newton, 

Baldwin, Chatters, 

Bell of Banks, Costin, 

Blodgett, Crane, 

Bigby, Crawford, 

Brown, Dunning, 

Bracewell, Dunnegan, 

Bryson, Edwards, 

Bullock, Fields, 

Burnett, FljTin, 

Campbell, Foster of Paulding, 

Carson, G^oodwin, 

Casey, Grolden, 



686 



CONFEDEEATE ReCOKDS 



Guilford, 


Maddox, 


Harland, 


Mathews, 


Harrison of Carroll, 


Martin of Carroll, 


Higbee, 


Miller, 


Hotchkiss, 


Murphy, 


Houston, 


Noble, 


Holcombe, 


Eeynolds, 


Hopkins, 


Rozar, 


Howe, 


Sikes, 


Hutcheson, 


Smith of Coweta, 


Jackson, 


Shumate, 


Joiner, 


Stewart, 


Jones, 


-Strickland, 


Jordan, 


Trammell, 


Key, 


Welch, 


King, 


Whitaker, 


Lee, 


Woodey. 


Lott, 




Those who voted in 


the negative, are Messrs. 


Adkins, 


Higden, 


Akerman, 


Hooks, 


Alexander, 


Hudson, 


Anderson, 


Knox, 


Beaird, 


Linder, 


Bell of Oglethorpe, 


Lumpkin, 


Bowers, 


Martin of Habersham, 


Blount, 


McHan, 


Bryant, 


McCay, 


Buchan, 


Moore of White, 


Cameron, 


Moore of Columbia, 


Claiborne, 


Neal, 


Cobb of Houston, 


Palmer, 


Crayton, 


Pope, 


Cotting, 


Prince, 


Dinkins, 


Eice, 


Ellington, 


Kobertson, 


Fort, 


Saffold, 


Gilbert, 


Saulter, 



Journal, Constitutional Convention 1867-68 687 

Shields, Walton, 

Smith of Thomas, Wallace. 

Speer, Williams. 

Shropshire, Whitely, 

Stone, Whitehead of Burke, 

Turner, 

There are yeas, 63 ; nays, 49. There being less than 
two-thirds voting in the affirmative, the motion to suspend 
the Rule did not prevail. 

The consideration of the unfinished business of yes- 
terday was resumed, to-wit: The report of the Commit- 
tee on Judiciary Department, the first paragraph of the 
first section thereof being first in order, to which the 
amendment of Mr. Bell, of Banks, to strike out the words 
"County Courts," was pending. 

Mr. Trammell proposed to amend as follows : Add to 
the paragraph, "but the General Assembly may, in case 
the qualified voters of any County shall, at an election 
held for the purpose, so desire, abolish said Courts and 
transfer their jurisdiction to the Superior Courts, or such 
other tribunal as it may provide." 

The previous question was called for by Mr. Whiteley, 
and sustained. 

The amendment of Mr. Trammell was lost. 

The amendment of Mr. Bell, of Banks, to strike out 
"County Courts," was received, and the 1st paragraph 
of the first section adopted, as amended. 

Mr. Harris, of Newton, moved to amend the second 
paragraph of the first section, by striking out the words 
"four," "eight" and "twelve," and inserting in lieu 
thereof the words "two," "four" and "six." 



688 Confederate Records 

Mr. Blodgett called for the previous question, which 
was sustained. 

The main question was put, and the amendment of Mr. 
Harris of Newton, was lost. 

The second paragraph of the first section was then 
adopted without amendment; and, 

On motion of Mr. Prince, the Convention adjourned 
until 91/0 o'clock a. m., to-morrow. 



Atlanta, Ga., Saturday, February 22, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Eev. Mr. Young. 

The Journal was read. 

Mr. Shropshire gave notice that he should move a re- 
consideration of so much thereof as relates to the adop- 
tion, on yesterday, of certain amendments to the report 
of the Special Committee to whom was referred the sec- 
ond and third sections of the report on Legislative De- 
partment. 

Mr. Miller gave notice that he should move a reconsid- 
eration of so much of the Journal as relates to the amend- 
ment of the first paragraph of the first section of the re- 
port of the Committee on the Judiciary Department, in 
striking therefrom the words ** County Courts." 

Mr. McCay gave notice that he should move a recon- 
sideration of the action of the Convention in rejecting, 
on yesterday, the amendment proposed by Mr. Trammell, 
as an addition to the first paragraph of the first section 
of the report of the Committee on Judiciary Department. 



Journal, Constitutional Convention 1867-68 689 

Leave of absence was granted Mr. Bowden, of Camp- 
bell, on account of sickness, and to Mr. Shumate, after 
Monday next, for two days. 

Pending action on the foregoing motions to reconsid- 
er, the Convention, on motion of Mr. Speer, adjourned, in 
commemoration of the birth of George Washington, and 
was declared, by the President, adjourned until 9i/^ 
o'clock a. m., Monday. 



Atlanta, Ga., Monday, February 24, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

The motion of Mr. Shropshire to reconsider so much 
of the Journal of Friday as relates to the adoption of the 
amendment of Mr. McCay to the second paragraph of the 
second section, and the third paragraph of the third sec- 
tion, of the amended report of the Committee on Legisla- 
tive Department, was taken up. 

Mr. Bryant rose to a point of order, assuming that 
the reconsideration of an amendment to the report was a 
reconsideration of the report itself, and as this was done 
on Friday last, the present motion to reconsider was inad- 
missible, under the Rules adopted by the Convention. 

The point of order was sustained by the President pro 
iem., and the motion for reconsideration was, conse- 
quently out of order. 

On motion of Mr. Blodgett, the Rule was suspended, 



690 Confederate Records 

for the introduction, by Mr, Whiteley, of the following 
Resolution, which was taken up, to-wit : 

Resolved, That the Judiciary Committee be, and they 
are hereby, instructed to report to the Convention, at an 
early day, an Ordinance declaratory of the qualification 
of Members of the General Assembly, at the first session 
thereof under the Constitution, being adopted by this 
body, and that the qualification aforesaid shall be as foU 
lows: 

The Senators and Representatives shall be citizens of 
the United States, who have attained, in the case of the 
former, to twenty-five years of age, and in the latter to 
twenty-one years of age, and who have been inhabitants 
of the State of Georgia for a period of six months, and 
residents of the District or County from which elected for 
three months immediately preceding the election. 

Mr. Bell, of Banks, moved to amend, by striking out 
the word "inhabitants" and inserting "citizens." 

Mr. Blodgett moved to amend, by inserting before the 
word "citizens" the word "male." This motion was 
withdrawn by the mover. 

Mr. Trammell moved to amend, by striking out all af- 
ter the first clause. 

This motion was lost. 

On the question of adopting the amendment of Mr. 
Bell of Banks, the yeas and nays were required to be re- 
corded. 

Those who voted in the affirmative, are Messrs. 

Bell of Banks, Bryson, 

Bowden of Monroe, Burnett, 



Journal, Constitutional Convention 1867-68 691 



Cameron, 


Hutcheson, 


Crane, 


Jordan, 


Crawford, 


Key, 


Dews, 


Knox, 


Dunnegan, 


Lee, 


Fort, 


Lott, 


Foster of Paulding, 


Maddox, 


Gribson, 


Martin of Carroll, 


Goodwin, 


Martin of Calhoun, 


Gove, 


Martin of Habersham, 


Gi-iffin, 


McHan, 


Harland, 


Miller, 


Harrison of Carroll, 


McWhorter, 


Higden, 


Moore of White, 


Hotchkiss, 


Smith of Coweta, 


Houston, 


Smith of Thomas, 


Holcombe, 


Shropshire, 


Hooks, 


Trammell, 


Howe, 


Trawick, 


Hudson, 


Woodey. 


Those who voted in 


the negative, are Messrs. 


Akerman, 


Chatters, 


Alexander, 


Claiborne, 


Anderson, 


Chambers, 


Angier, 


Cobb of Houston, 


Ashbum, 


Costin, 


Beaird, 


Conley, 


Baldwin, 


Crayton, 


Blodgett, 


Crumley, 


Blount, 


Dinkins, 


Bryant, 


Dunning, 


Buchan, 


Edwards, 


Bullock, 


Golden, 


Campbell, 


Guildford, 


Carson, 


Higbee, 


Casey, 


Hopkins, 


Caldwell, 


Jackson, 


Clift, 


Joiner, 



692 Confederate Records 



Lumpkin, 


Speer, 


Madden, 


Stewart, 


Minor, 


Supple, 


Moore of Columbia, 


Sanley, 


Murphy, 


Stone, 


Noble, 


Strickland. 


Palmer, 


Turner, 


Pope, 


Walton, 


Potts, 


Wallace, 


Prince, 


Whitaker, 


Rice, 


Whitehead of Burke, 


Rozar, 


Whitehead of Butts, 


Robertson, 


Whiteley, 


Sikes, 


Williams. 


Seeley, 





There are yeas, 44 ; nays, 63. So the motion to strike 
out the word "inhabitants" and insert "citizens" was 
lost. 

The Resolution was adopted without amendment. 

The motion of Mr. Miller, to reconsider the action of 
the Convention in striking out, on Friday, the words 
"County Courts" from the first paragraph of the first 
section of the report of the Committee on the Judiciary 
Department, was taken up. 

Upon this proposition the previous question was call- 
ed for, but not sustained. 

After discussion, the call for the previous question 
was renewed by Mr. Hopkins, and sustained. 

The main question was put, and the motion to recon- 
sider was lost. 

On motion of Mr. Holcombe, the Rule was suspended. 



Journal Constitutional Convention 1867-68 693 

and the following Resolution was offered by Mr. Maddox, 
and taken up, to-wit : 

Resolved, That the roll of the members shall be called 
every morning before the reading of the Journal, and that 
the Clerk shall mark the absentees. 

Resolved, further, That no member of this Convention 
shall, while absent on his own business, receive any pay 
per diem, sickness and other Providential causes, alone, 
excepted. 

Mr. Blodgett moved to lay the Resolution on the table, 
and to discharge the Special Committee. 

This motion was withdrawn by the mover. 

Mr. Speer offered the following, as a substitute, to-wit : 

Resolved, That the Auditing Committee be requested 
and directed, in auditing accounts of members of the Con- 
vention, to require each member to give the number of 
days that he has served as a delegate, which shall not in- 
clude the time said delegate has been absent without 
leave; and each delegate shall certify, upon honor, the 
actual number of days that he has served in the Conven- 
tion. 

Mr. Blodgett moved to lay the Resolution and substi- 
tute on the table. 

Mr. Blount moved to amend, by providing that no 
member shall be allowed pay, except for the days that he 
actually serves. Mr. Angier proposed to amend by pro- 
viding that any member on leave of absence, without time 
stated, shall not receive pay for more than five days' 
absence. 



694 Confederate Records 

Mr. Ashbum offered the following as a substitute for 
the subject-matter pending, to-wit : 

Resolved, That no delegate shall receive his mileage, 
nor per diem, except for the time actually served, unless 
he has been excused by this Convention on account of 
sickness. 

On motion of Mr. Bryant, the whole subject-matter 
was referred to a Special Committee of seven, composed 
of one from each Congressional District. 

The President announced the following as said Com- 
mittee, to-wit : Messrs. Bryant, Cameron, Whiteley, Ash- 
burn, Griffin, Martin, of Habersham, and Miller. 

On motion of Mr. Holcombe, the first Special Commit- 
tee on this subject was discharged. 

Leave of absence was granted Messrs. Welch, Sikes, 
Ellington, Christian of Newton, Linder and Powell, on 
account of sickness. 

The special order of the day was taken up, to-wit : the 
report of the Special Committee on the subject of home- 
stead, which is as follows : 

Your Committee, to whom was referred the duty of 
preparing a substitute for the thirty-second section of 
the .Bill of Rights, as presented to this body, beg leave to 
submit the following: 

Each head of a family, or guardian, or trustee of a 
family of minor children, shall be entitled to a home- 
stead of realty, to the value of twenty-five hundred dol- 
lars in specie, and personal property to the value of two 
thousand dollars in specie, both to be valued at the time 
they are set apart. And no Court or ministerial officer 



Journal Constitutionax, Convention 1867-68 695 

of this State shall ever have jurisdiction or authority to 
enforce any judgment, fi. fa., decree, or execution, against 
said property so set apart, except for taxes and money 
borrowed of Building and Loan Associations for improv- 
ing the homestead : And it sliall be the duty of the Gen- 
eral Assembly, as early as practicable, to provide, by law, 
for the setting apart and valuation of said property, and 
to enact adequate laws for the full and complete protec- 
tion and security of the same, to the sole use and behoof 
of said families as aforesaid. All property of the wife in 
her possession at the time of her marriage, and all the 
property given to, inherited or acquired by her, shall re- 
main her separate property, and not liable for the debts 
of her husband. 

Mr. Murphy offered to amend, by adding the following, 
to-wit : 

But no homestead or other property shall be exempt 
from levy and sale for labor performed on the same, and 
there shall be no stay law passed by the Legislature of 
this State, staying the collection of debts, where the con- 
tract was for labor performed, for a longer time than 
thirty days. 

Mr. Caldwell moved to amend, by inserting after the 
word "homestead," in the sixth line, the words "and for 
services rendered for the benefit of the owner or his 
family. ' ' 

Pending discussion on the foregoing report and pro- 
posed amendments, Mr. Miller having the floor. 

The Convention adjourned until 914 o'clock a. m., 
to-morrow. 



696 Confederate Records 

Atlanta, Ga., Tuesday, February 25, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

The following communication, on the Secretary's desk, 
was read, together with the accompanying order, to- wit: 

HEADQUARTERS THIRD MILITARY DISTRICT, 
(Dept. of Georgia, Florida, and Alabama), 
Atlanta, Ga., Feb. 22, 1868. 

P. M. Sheibley, Esq., Secretary Georgia Constitutional 
Convention : 

Sir — I am instructed by Major-General Meade to ac- 
knowledge the receipt of your letter of the 15th instant, 
enclosing a transcript from the Journal of the Constitu- 
tional Convention for that day, for which favor you will 
please accept the General's thanks. 

Very respectfully, your obedient servant, 

R. C. Drum, 

Assistant Adjutant General. 

HEADQUARTERS THIRD MILITARY DISTRICT. 
(Dept. Georgia, Florida, and Alabama), 

Atlanta, Ga., Feb. 22, 1868. 

General Orders, No. 27. 

1. The Constitutional Convention of the State of 
Georgia, now in session in the City of Atlanta, adopted 



Journal Constitutional Convention 1867-68 697 

on the 19th day of February, 1868, the following preamble 
and Resolutions: 

Whereas^ the Convention has determined that there 
shall be no imprisonment for debt in this State, and 
whereas, creditors are oppressing debtors, by the use of 
what is known as ''bail process" and writ of ca. sa., 
Therefore, 

Resolved, That, in the opinion of this Convention, said 
proceedings are contrary to the wish of the people of this 
State. 

Resolved, That the General Commanding this District 
is hereby requested to protect, by order, the people of 
this State from the evil above set forth, and that such or- 
der remain in force until such time as the people have ex- 
pressed their will in regard to the Constitution. 

II Therefore, By virtue of the plenary powers vested 
by the Reconstruction Acts of Congress in the Command- 
ing General of the Third Military District, and for the 
purpose of giving effect to the wishes of the people of 
Georgia, as expressed by their delegates in Convention, 
it is ordered : That imprisonment for debt is prohibited 
in the State of Georgia, and hereafter no bail process in 
civil cases, or writ of ca. sa., shall be issued out of any 
of the Courts of this State. 

III. Every person now in prison in this State, under 
any such process or writ, will be immediately discharg- 
ed from prison. 

IV. This order to remain in force until the people 
of Georgia shall express their will in the manner provid- 
ed by the Acts of Congress, in regard to the Constitution 
to be submitted to them by the said Constitutional Con- 



()98 Confederate Records 

ventioii, or until further orders from these Headquarters. 
By order of Major-General Meade. 

K. C. Drum, 

Assistant Adjutant General. 

Mr. Akerinan, from the Judiciary Committee, made 
the following report, to-wit: 

Under instructions from the Convention, the Commit- 
tee on the Judiciary Department report the following Or- 
dinance: 

An Ordinance declaratory of the qualification of members 
of the General Assembly, to be chosen at the first elec- 
tion held under the C'onstitution framed by this Con- 
vention. 

Be it ordained by the people of Georgia, in Convention 
assembled, That the persons eligible as members of the 
General Assembly at the first election held under the Con- 
stitution framed by this Convention, shall be citizens of 
the United States, who shall have been inhabitants of this 
State for six months, and of the District or County for 
which they shall be elected for three months next preced- 
ing such election, and who, in the case of Senators, shall 
have attained the age of twenty-five years, and in the 
case of Representatives the age of twenty-one years at the 
time of such election. 

The foregoing Ordinance is not reported as the recom- 
mendation of the Committee, but simply in execution of 
the instructions of the Convention in the Resolution pass- 
ed yesterday. 

For the Committee, 

A. T. Akerma2^, Chairman. 



Journal Constitutional Convention 1867-68 699 

The unfinished business of yesterday was resumed, to- 
wit : the report of the Special Committee on the subject of 
Homestead, to which an amendment by Mr. Murphy, and 
an amendment by Mr. Caldwell, were pending. 

Mr. Angier in the Chair. 

The amendment of Mr. Caldwell was withdrawn in 
favor of the following, which was proposed by Mr. Miller, 
to-wit: Insert after the word "taxes" the words "for 
the purchase money of the property set apart, for money 
loaned for the improvement of the homestead, and for the 
wages of laborers employed thereon;" and strike out the 
following: "Money borrowed of Building and Loan As- 
sociations for improving the homestead." 

Mr. Bell, of Banks, moved the debate now cease on 
the pending propositions. 

Mr. Conley moved to amend by providing that debate 
cease at 2 o'clock p. m., this day. 

Mr. Bell withdrew his motion. 

Mr. Crane moved to lay the whole subject-matter on 
the table. 

On motion of Mr. Blodgett, it was ordered that debate 
on the pending propositions immediately cease. 

Mr. Murphy, by consent, withdrew his amendment in 
favor of a substitute by Mr. McCay. 

The motion of Mr. Crane to lay the whole subject-mat- 
ter on the table was submitted, and upon this the yeas 
and nays were required to be recorded. 



700 



Confederate Records 



Those voting in the affirmative, are Messrs. 



Aterman, 

Angier, 

Ashburn, 

Baldwin, 

Bowers, 

Bracewell, 

Bryson, 

Cameron, 

Costin, 

('rane, 

Crawford, 

Crumley, 

Dailey, 

Dunnegan, 

Foster of Paulding, 

Gruilford, 

Harrison of Carroll, 

Higbee, 

Higden, 

Houston, 



Hoi combe, 

Hutcheson, 

Knox, 

Lott, 

Maddox, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

Moore of AATiite, 

Saffold, 

Smith of Thomas, 

Shropshire, 

Supple, 

Stanley, 

Turner, 

Wallace, 

Woodey. 



Those who voted in the negative, are Messrs. 



Alexander, 

Anderson, 

Beaird, 

Bell of Banks, 

Bowden of Monroe, 

Blodgett, 

Bigby, 

Bryant, 

Brown, 

Buchan, 

Bullock, 

Campbell, 

Carson, 

Casey, 

Chatters, 



Claiborne, 

Chambers, 

Cooper, 

Cobb of Houston, 

Con ley, 

Cray ton, 

Davis, 

Dews, 

Dinkins, 

Dunning, 

Edwards, 

Fort, 

Gibson, 

Goodwin, 

Gove, 



Journal Constitutional Convention 1867-68 701 



Grolden, 

Griffin, 

Harris of Newton, 

Harrison of Hancock, 

Hotchkiss, 



Hopkins, 

Hooks, 

Howe, 

Hudson, 

Jackson, 

Joiner, 

Key, 

Lee, 

Linder, 

I.,uinpkin, 

Madden, 

Maull, 

McOay, 

Minor, 

Miller, 

McWhorter, 

Moore of Columbia, 

There are yeas, 39; nays, 73 
on the table did not prevail. 



Murphy, 

Noble, 

Palmer, 

Pope, 

Potts, 

Prince, 

Eice, 

Eobertson, 

Smith of Coweta, 

Speer, 

Stewart, 

Stone, 

Strickland, 

Trammell, 

Trawick, 

Walton, 

Whi taker. 

Whitehead of Burke, 

Whitehead of Butts, 

AVhiteley, 

Williams. 



So the motion to lay 



Mr. McCay offered the following as a substitute for 
the report and proposed amendment, to take the place of 
the amendment offered by Mr. Murphy, and withdrawn by 
consent, to-wit : 

The head of a family, and the guardian, or trustee of 
a family of minor children, shall hold free from levy and 
sales, by virtue of any process from any Court, founded 
on any debt heretofore contracted a homestead of realty 
of the value of one thousand dollars, and personal prop- 
erty of the value of five hundred dollars; and shall hold, 
exempt from levy and sale, by virtue of any process from 



702 Confederate Records 

any Court, founded on any debts hereafter contracted, a 
homestead of realty of the value of two thousand dollars, 
and personal property of the value of one thousand dol- 
lars: Provided, that this exemption shall not apply to 
process for the purchase money of the same, or to money 
loaned, or labor and materials furnished to improve, or 
to remove incumbrances from the same ; or for wages due 
to laborers working on said homestead. 

Mr. Parrott offered the following as a substitute for 
the whole matter pending, to-wit : 

Each head of a family in this State shall be entitled 
to a homestead of realty not exceeding one thousand dol- 
lars in value, to be valued, selected, and set apart as the 
General Assembly shall hereafter provide by law. Said 
homestead shall be exempt from levy and sale under any 
judgment, execution, order, or decree of any Court of 
this State, founded on any debt contracted after the said 
homestead shall have been set apart. It shall be the 
duty of the General Assembly to exempt such articles of 
personal property for each head of a family as the neces- 
sities of the people of this State may require. 

The General Assembly, during the first session held 
under this Constitution, shall provide by law for the se- 
lecting, valueing, and setting apart of said homestead of 
realty. 

Upon the question of adopting the substitute of Mr. 
Parrott, the yeas and nays were required to be recorded. 

Those who voted in the affirmative, are Messrs. 

Akerman, Bell of Banks, 

Angier, Bowers, 

Beaird, Bigby, 



Journal Constitutional Convention 1867-68 703 



Bracewell, 


Knox, 


Bryson, 


Linder, 


Cameron, 


Maddox, 


Claiborne, 


Mathews, 


^'obb of Houston, 


Martin of CalhottL., 


Costin, 


Martin of Carroll, 


Crane, 


Martin of Habersham, 


Crawford, 


McHan, 


Crumley, 


Moore of White, 


Dailey, 


Palmer, 


Dunning, 


Rice, 


Dunnegan, 


Saffold, 


Foster of Paulding, 


iSmith of Thomas, 


Guilford, 


Shropshire, 


Harrison of Carroll, 


Supple, 


Harrison of Hancock, 


Stanley, 


Higbee, 


Turner, 


Higden, 


Wallace, 


Houston, 


Whitehead of Burke, 


Holcombe, 


Woodey. 


Huteheson, 




Those who voted in the negative, are Messrs. 


Alexander, 


Casey, 


Anderson, 


Caldwell, 


Ashburn, 


Clift, 


Baldwin, 


Chatters, 


Bell of Oglethorpe, 


Chambers, 


Bowden of Monroe, 


Cooper, 


Blodgett, 


Conley, 


Blount, 


Crayton, 


Bryant, 


Davis, 


Brown, 


Dews, 


Buchan, 


Dinkins, 


Bullock, 


Edwards. 


Burnett, 


Fort, 


Campbell, 


Gibson. 


Carson, 


Goodwin. 



704 



Confederate Records 



Gove, 


Moore of Columbia, 


Golden, 


Murphy, 


Griffin, 


Noble, 


Harris of Newton, 


Pope, 


Hotchkiss, 


Potts, 


Hopkins, 


Prince, 


Hooks, 


Robertson, 


Howe, 


Seeley, 


Hudson, 


Smith of Coweta, 


Jackson, 


Speer, 


Joiner, 


Stewart, 


Key, 


Stone, 


Lee, 


Strickland, 


Lott, 


Trammell, 


Lumpkin, 


IVawick, 


Madden, 


Walton, 


Maull, 


Waddell, 


McCay, 


Whitaker, 


Minor, 


Whitehead of Butts, 


Miller, 


Whiteley, 


MeWhorter, 


Williams. 



There are yeas, 47; nays, 72. So the motion to adopt 
the substitute of Mr. Parrott did not prevail. 

Mr. Blodgett offered the following substitute for the 
report, and pending amendment and substitute, to-wit : 

BILL OF RIGHTS. 

Sec. 32. Each head of a family, or guardian, or trus- 
tee of a family of minor children, shall be entitled to a 
homestead of realty to the value of two thousand dollars 
in specie, and personal property to the value of one thou- 
sand dollars in specie — both to be valued at the time they 
are set apart. And no Court or ministerial officer in this 
State, shall ever have jurisdiction or authority to enforce 
any judgment, decree, or execution against said property 
so set apart, including such improvements as may be made 



Journal Constitutional Convention 1867-68 705 

thereon from time to time, except for taxes, money bor- 
rowed and expended in the improvement of the home- 
stead, or for the purchase money of the same, and for 
labor done thereon, or material furnished therefor, or re- 
moval of encumbrances. And it shall be the duty of the 
General Assembly, as early as practicable, to provide by 
law for the setting apart and valuation of said property, 
and to enact laws for the full and complete protection and 
security of the same, to the sole use and benefit of said 
families as aforesaid. 

All property of the wife in her possession at the time 
of her marriage, and all property given to, inherited, or 
acquired by her, shall remain her separate property, and 
not be liable for the debts of her husband. 

Mr. Akerman proposed to amend the substitute of Mr. 
Blodgett by inserting after the word ''apart," where it 
first occurs, the following: 

Exempt from sale under any judgment, decree, or ex- 
ecution, founded on any debt contracted after such real 
or personal property shall be set apart. 

Also by inserting the word "such" between the words 
"any" and "judgment." 

Mr. Bryant proposed to amend said substitute of Mr. 
Blodgett by substituting ' ' one thousand dollars ' ' for ' ' two 
thousand dollars." 

Upon this proposition the yeas and nays were requir- 
ed to be recorded. 

Those who voted in the affirmative, are Messrs. 

Akerman, Anderson, 

Alexander, Angier, 



706 



Confederate Recordb 



Asbbum, 

Baldwin, 

Bell of Banks, 

Bowers- 

Bigby, 

Bryant, 

Brown, 

Bracewell, 

Bryson, 

Bucban, 

Campbell, 

Carson, 

Cameron, 

Chatters, 

Claiborne, 

Cooper, 

Cobb of Houston, 

Costin, 

Crane, 

Crawford, 

Crayton, 

Dai ley, 

Davis, 

Din kins. 

Dunning, 

Dnnnegan, 

Guilford, 

Harrison of Carroll, 

Harrison of Hancock, 

Higbee, 

Higden, 

Houston, 

Hoi combe, 

Hutcbeson, 

Jackson, 



Joiner, 

Knox, 

Lott, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

McCay, 

Moore of White, 

Moore of Columbia, 

Murphy, 

Palmer, 

Pope, 

Prince, 

Rice, 

Rozar, 

Saffold, 

Smith of Thomas, 

Shropshire, 

Supple, 

Stanley, 

Stone, 

Strickland, 

Turner, 

Wallace, 

Whitaker, 

^Hiitehead of Burke, 

Williams, 

Woodey. 



Those who voted in the negative, are Messrs. 



Beaird, 

Bell of Oglethorpe, 



Bowden of Monroe, 
Blodgett, 



Journal Constitutional Convention 1867-68 707 



Blount, 

Bullock, 

Casey, 

Caldwell, 

Clift, 

Chambers, 

Conley, 

Dews, 

Edwards, 

Fort, 

Foster of Paulding, 

Goodwin, 

Gove, 

Golden, 

Griffin, 

Harris of Newton, 

Hotchkiss, 

Hooks, 

Howe, 

Hudson, 

There are yeas, 73 ; nays, 43. So the amendment was 
received. 

Mr. Akerman moved to amend further by striking out 
from said substitute, wherever it occurs, the word 
''specie," and inserting in lieu thereof "legal currency 
of the United States." 

This amendment was withdrawn by the mover in favor 
of the following, proposed by Mr. McCay, to-wit: Strike 
out "one thousand dollars" where said words occur with 
reference to personalty, and insert in lieu thereof "five 
hundred dollars." 

Mr. Prince moved that the whole subject-matter be 
laid on the table. 



Key, 
Lee, 

Linder, 

IMinor, 

Miller, 

McWhorter, 

Noble, 

Potts, 

Robertson, 

Seeley, 

Smith of Coweta, 

Speer, 

Stewart, 

Trammell, 

Trawick, 

Walton, 

Waddell, 

Wbitehead of Butts, 

Whiteley. 



The motion did not prevail. 



708 Confederate Records 

The amendment of Mr. McCay to strike out ** one thou- 
sand dollars," where the same applies to personalty, was 
received. 

Mr. Costin moved to strike out all after the enacting 
clause, 

Mr. Blodgett moved to lay the whole subject-matter 
pending on the table. 

This motion did not prevail. 

Leave of absence was granted Mr. Gilbert on account 
of sickness. 

Mr. Miller moved that the Convention adjourn, and 
upon this motion the yeas and nays were required to be 
recorded. 

Those who voted in the affirmative, are Messrs. 

Angier, Dews, 

Ashburn, Edwards, 

Beaird, Fort, 

Bell of Oglethorpe, Goodwin, 

Bowden of Monroe, Gove, 

Blodgett, Golden, 

Blount, Griffin, 

Bryant, Harris of Newton, 

Bullock, ) Harrison of Carroll, 

Campbell, Harrison of Hancock, 

Carson, Hooks, 

Cameron, Hotchkiss, 

Casey, Howe, 

Caldwell, Hudson, 

Clift, Key, 

Chatters, Knox, 

Chambers, Lee, 

Cooper, Maull, 

Davis, Mathews, 



JouBNAL, Constitutional Convention 1867-68 709 



Minor, 


Smith of Coweta, 


Miller, 


Speer, 


McWhorter, 


Supple, 


Moore of Colninbia, 


Trammell, 


Noble, 


Trawick, 


Pope, 


Walton, 


Potts, 


Waddell, 


Rice, 


Whitehead of Butts, 


Saffold, 


AVliiteley. 


Seeley, 




Those who voted in 


the negative, are Messrs. 


Akerman, 


Holcombe 


Alexander, 


Hutcheson, 


Anderson, 


Jackson, 


Bell of Banks, 


Joiner, 


Bowers, 


Linder, 


Bigby, 


Lott, 


Brown, 


Lumpkin 


Bracewell, 


Madden, 


Bryson, 


Maddox, 


Buchan, 


Martin of Carroll, 


Claiborne, 


Martin of Calhoun, 


Cobb of Houston, 


Martin of Habersham, 


Costin, 


McHan, 


Conley, 


McCay, 


Crane, 


Moore of White, 


Crawford, 


Murphy, 


Crayton, 


Palmer 


Dailey, 


Prince, 


Dinkins, 


Eozar, 


Dunning, 


Robertson, 


Dnnnegan, 


Smith of Thomas, 


Foster of Paulding, 


Shropshire 


Guilford, 


Stewart, 


Higbee, 


Stanley, 


Higden, 


Stone, 


Houston, 


Turner, 



710 Confederate Records 

Wallace Williams, 

AVMtaker, Woodey. 

"WHiiteliead of Burke, 

There are yeas, 57 ; nays, 57. 

The President gave the casting vote in the aflSrmative, 
and the Convention was adjourned until 91/2 'clock a. m., 
to-morrow. 



Atlanta, Ga., Wednesday, February 26, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

Mr. Blodgett moved to reconsider so much of the Jour- 
nal of yesterday as relates to the adoption of the amend- 
ment of Mr. Bryant, substituting "one thousand dollars" 
for "two thousand dollars," in the substitute of Mr. 
Blodgett on the subject of homestead. 

Mr. Blount called for the previous question, which was 
sustained. 

The main question was put, and the yeas and nays de- 
manded thereon. 

Those who voted in the affirmative, are Messrs. 



Adkins, 


Blodgett, 


Alexander, 


Blount, 


Bentley, 


Bryant, 


Beaird, 


Brown, 


Bell of Oglethorpe, 


Buchan, 


Bowden of Monroe, 


Bullock, 



Journal Constitutional Convention 1867-68 711 



Burnett, 


King, 


Campbell, 


Knox, 


Carson, 


Lee, 


Cameron, 


Linder, 


Casey, 


Lumpkin, 


Caldwell, 


Madden, ~ 


Clift, 


Maull, 


Chatters, 


McCay, 


Chambers, 


Minor, 


Cooper, 


Miller, 


Cobb of Houston, 


McWhorter, 


Conley, 


Moore of Columbia, 


Crayton, 


Murphy, 


Cotting, 


Neal, 


Davis, 


Ndble, 


Dews, 


Pope, 


Dinkins, 


Potts, 


Dunning, 


Prince, 


Edwards, 


Reynolds, 


Flynn, 


Rice, 


P'ort, 


Rozar, 


Gribson, 


Ro'bcrtson, 


Goodwin, 


Sikes, 


Gove, 


Shields, 


Golden, 


Seeley, 


Griffin, 


Smith of Coweta, 


Guilford, 


Speer, 


Harris of Newton, 


Shumate, 


Hotchkiss, 


Stone, 


Hopkins, 


Strickland, 


Hooks, 


Trammell, 


Howe, 


Trawick, 


Hudson, 


Walton, 


Jackson, 


Waddell, 


Joiner. 


Whi taker, 


Jordan, 


Whitehead of Butts, 


Key, 


Whiteley. 



712 



Confederate Records 



Those who voted in the negative, are Messrs. 



Akerman, 

Anderson, 

Angier, 

Ashburn, 

Bell of Banks, 

Bowers, 

Bigby, 

Bracewell, 

Bryson, 

Claiborne, 

Costin, 

Crane, 

Crawford, 

Crumley, 

Dailey, 

Dunnegan, 

Foster of Paulding, 

Harrison of Carroll, 

Harrison of Hancock, 

Higbee, 

Higden, 

There are yeas, 86; 
Blodgett to reconsider, 



Houston, 

Holcombe, 

Hutcheson, 

Maddox, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

Moore of White, 

Palmer, 

Saffold, 

Smith of Thomas, 

Shropshire, 

Supple, 

Tlirner, 

Wallace, 

Whitehead of Burke, 

Williams, 

Woodey. 

nays, 41. So the motion of Mr. 
prevailed. 



Mr. Seeley moved the reconsideration of so much of 
the Journal of yesterday as relates to the amendment of 
Mr. McCay, in striking out from the said substitute of 
Mr. Blodgett, ''one thousand dollars," where it occurs 
with reference to the exemption of personalty, and insert- 
ing, in lieu thereof, "five hundred dollars." 

The motion to reconsider prevailed. 

The unfinished business of yesterday was resumed, 
to-wit: the report of the Special Committee on the subject 
of homestead, and proposed substitutes and amendments. 



Journal Constitutional Convention 1867-68 713 



Mr. Bryant withdrew his amendment, which was this 
day reconsidered. 

The amendment next in order being the reconsidered 
amendment of Mr. McCay, the yeas and nays were re- 
corded on the question of agreeing to the same. 

Those who voted in the affirmative, are Messers. 



Adkins, 

Akerman, 

Bell of Baiiks, 

Bowers, 

Bigby, 

Bracewell, 

Bryson, 

Cameron, 

Claiborne, 

Costin, 

Crane, 

Crawford, 

Crumley, 

Dunnegan, 

Foster of Paulding, 

Guilford, 

Harrison of Carroll, 

Harrison of Hancock, 

Higbee, 

Higden, 

Houston, 

Holcombe, 



Hutcheson, 

Knox, 

Lee, 

Lott, 

Maddox, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

Moore of White, 

Palmer, 

Eozar, 

Saffold, 

Shields, 

Smith of Thomas, 

Shropshire, 

Stewart, 

Supple, 

Turner, 

"Wallace, 

Woodey. 



Those who voted in the negative, are Messrs. 



Alexander, 

Anderson, 

Angier, 

Ashburn, 

Bentley, 

Beaird, 



Bell of Oglethorpe, 

Bowden, of Monroe, 

Blodgett, 

Blount, 

Bryant, 

Brown, 



714 



Confederate Records 



Buchan, 

Bullock, 

Burnett, 

Campbell, 

Carson, 

Casey, 

CaldweU, 

Clift, 

Chatters, 

Chambers, 

Cooper, 

Cobb of Houston, 

Conley, 

Cotting, 

Dailey, 

Davis, 

Dews, 

Dinkins, 

Dunning, 

Edwards, 

Flynn, 

Fort, 

Gibson, 

Goodwin, 

Gove, 

Golden, 

Griffin, 

Harris of Newtoa, 

Hotchkiss, 

Hopkins, 

Hooks, 

Howe, 

Howe, 

Hudson, 

Jackson. 

Joiner, 



Jordan, 

Key, 

King, 

Linder, 

Lumpkin, 

Madden, 

Maull, 

Minor, 

Miller, 

McWhorter, 

Moore of Columbia, 

Murphy, 

Neal, 

N(yble, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Rice, 

Robertson, 

Sikes, 

Seeley, 

Smith of Coweta, 

Speer, 

Shumate, 

Stone, 

Strickland, 

Trammell, 

Trawick, 

Walton, 

Waddell, 

Whitaker, 

Whitehead of Burke, 

\Miitehead of Butts, 

Whiteley, 

Williams. 



There are yeas, 44; nays, 83. So the amendment was 



lost 



JournaIj Constitutional Convention 1867-68 715 

Mr. Murphy moved to amend, by adding to the substi- 
tute of Mr. Blodgett the following: *'But shall be sub- 
ject to the exceptions as the homestead." 

Mr. Trammell moved to amend the amendment, by ad- 
ding the words *'for contracts made by her." 

The same was not received. 

The question recurring upon the amendment of Mr. 
Murphy, said amendment was lost. 

Mr. Madden proposed to amend the substitute of Mr. 
Blodgett, by adding the following at the end of the first 
paragraph, to-wit : 

Provided, That under such exemption, so set apart for 
a homestead, there shall not be included more than two 
hundred and fifty acres of land. 

Mr. Aterman proposed to amend the amendment of 
Mr. Madden, by striking out ''two hundred and fifty," and 
inserting "one hundred and sixty." 

Upon the question of receiving the amenment of Mr. 
Akerman, the yeas and nays were required to be recorded. 

Those who voted in the affirmative, are Messrs. 

Adkins, Bryson, 

Akerman, Casey, 

Alexander, Claiborne, 

Anderson, Costin, 

Ashbum, Crane. 

Beaird, Crawford, 

Baldwin, Crumley, 

Bell of Banks, Dailey, 

Bowers, Dunnegan, 

Bigby, Foster of Pauling, 

Bracewell, Guilford, 



716 



Confederate Records 



Harrison of Carroll, 

Harrison of Hancock, 

Higbee, 

Houston, 

Hoi combe, 

Hutcheson, 

Knox, 

Lott, 

Maddox, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

McCay, 

Miller, 

Moore of White, 



Moore of Columbia, 

Neal, 

Palmer, 

Pope, 

Rozar, 

Saffold, 

Shields, 

Smith of Coweta, 

Smith of Thomas, 

Shropshire, 

Supple, 

Stone, 

Turner, 

Wallace, 

Whitehead of Burke, 

Woodey. 



Those who voted in the negative, are Messrs. 



Angier, 

Bentley, 

Bell of Oglethorpe, 

Bowden of Monroe, 

Blodgett, 

Blount, 

Bryant, 

Brown, 

Buchan, 

Bullock, 

Burnett, 

Campbell, 

Carson, 

Cameron, 

Caldwell, 

Clift, 

Chatters, 

Chambers, 

Cooper, 



Cobb of Houston, 

Conley, 

Cotting, 

Davis, 

Dews, 

Dinkins, 

Dunning, 

Edwards, 

Flynn, 

Fort, 

Gibson, 

Goodwin, 

Gove, 

Golden, 

Griffin, 

Harris of Newton, 

Higden, 

Hotchkiss, 

Hopkins, 



Journal Constitutional Convention 1867-68 717 

Hooks, Prince, 

Howe, Reynolds, 

Hudson, Rice, 

Jackson, Robertson, 

Joiner, Sikes, 

Jordan, _ Seeley, 

Key, Speer, 

King, Shumate, 

Lee, Strickland, 

Linder, Tranunell, 

Lumpkin, Traywick, 

Madden, Walton, 

Maull, Waddell, 

Minor, WMtaker, 

McWhorter, Whitehead of Butts, 

Murphy, Whiteley, 

Noble, Williams. 

Potts, 

There are yeas, 55; nays, 73. So the amendment of 
Mr. Akerman was not received. 

Mr. Madden, by consent, withdrew his amendment. 

Mr. Akerman renewed said motion to amend. 

Mr. Blodgett called for the previous question. 

Mr. Akerman rose to a point of order, assuming that 
the debate having been ordered to cease on the pending 
subject-matter, for the purpose of perfecting the same 
by amendment, it was not in order to call the previous 
question, for the purpose of cutting off amendments. 

The point of order was overruled by the Chair, and 
the call for the previous question sustained. 

The motion of Mr. Costin, to strike out all after the 
enacting clause, in the substitute offered by Mr. Blodgett, 



718 



Confederate Records 



was ruled out of order by the President, because there 
was no enacting clause in said substitute. 

The following amendment, offered on yesterday by 
Mr. Akerman, was submitted, to-wit: Insert after the 
word ** apart," where it first occurs, in the substitute of 
Mr. Blodgett, the following: ** exempt from sale under 
any judgment, decree of execution, founded on any debt 
contracted after such real or personal property shall be 
set apart;" also, insert the word "such" between the 
words **any" and "judgment." 

Upon the question of agreeing to the same, the yeas 
and nays were required to be recorded. 

Those who voted in the affirmative, are Messrs. 



Adkins, 

Akerman, 

Angier, 

Beaird, 

Baldwin, 

Bell of Banks, 

Bowers, 

Bigby, 

Bracewell, 

Bryson, 

Cameron, 

Claiborne, 

Costin, 

Crane, 

Crawford, 

Crumley, 

Dailey, 

Dunnegan, 

Foster of Paulding, 

Harrison of Carroll, 

Higbee, 

Houston, 



Holcombe, 

Hutcheson, 

Knox, 

Lee, 

Lott, 

Maddox, 

Mathews, 

Martin of Carroli 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

Miller, 

Moore of White, 

Neal, 

Rice, 

Rozar, 

Saffold, 

Shields, 

Smith of Coweta, 

Smith of Thomas, 

Shropshire, 

Supple, 



Journal Constitutional Convention 1867-68 719 



Stanley, 


Wallace, 


Stone, 


WaddeU, 


Trammell, 


Woodey. 


Those who voted in 


the negative, are Messrs. 


Alexander, 


Glove, 


Anderson, 


Golden, 


Ashbum, 


Griffin, 


Bentley, 


Guilford, 


Bell of Oglethorpe, 


Harris of Newton, 


Bowden of Monroe, 


Harrison of Hancock, 


Blodgett, 


Higden, 


Blount, 


Hotchkiss, 


Bryant, 


Hopkins, 


Brown, 


Hooks, 


Buchan, 


Howe, 


Bullock, 


Hudson, 


Burnett, 


Jackson, 


Campbell, 


Joiner, 


Carson, 


Jordan, 


Casey, 


Key, 


Caldwell, 


King, 


Clift, 


Linder, 


Chatters, 


Lumpkin, 


Chambers, 


Madden, 


Cooper, 


Maull, 


Cobb of Houston, 


McCay, 


Conley 


Minor, 


Crayton, 


McWhorter, 


Cotting, 


Moore of C'olumbia, 


Davis, 


Murphy, 


Dews, 


Noble, 


Dinkins, 


Pope, 


Dunning, 


Potts, 


Edwards, 


Prince, 


Flynn, 


Reynolds, 


Fort, 


Robertson 


Gibson, 


Sikes, 


Goodwin, 


Seeley, 



720 Confederate Records 

Speer, ,Wliitaker, 

Shumate, lA^itehead of Burke, 

Stewart, Whitehead of Butts, 

Strickland, Whiteley, 

Trawick, Williams. 
Walton, 

There are yeas, 50; nays, 79. So the amendment pro- 
posed by Mr. Akerman was not received. 

The question recurring upon the adoption of the sub- 
stitute of Mr. Blodgett, Mr. McCay rose to a question of 
privilege, inquiring of the Chair the effect of its adop- 
tion. 

The Chair decided that the adoption of the substitute 
would place it in the position of the original report, and 
that the next question would be, ''Shall the report, as 
amended, be adopted?" 

The substitute of Mr. Blodgett was then adopted. 

Upon the question, "Shall the report, as amended, be 
adopted?" the yeas and nays were required to be record- 
ed. 

Those who voted in the affirmative, are Messrs. 

Alexander, Bullock, 

Anderson, Burnett, 

Ashburn, Campbell, 

Bentley, Carson, 

Beaird, Casey, 

Bell of Oglethorpe, Caldwell, 

Bowden of Monroe, Clift, 

Blodgett, Chatters, 

Blount, Chambers, 

Bryant, Cooper, 

Brown, Cobb of Houston, 
Buchan, " . Conley, 



JouKNAL Constitutional Convention 1867-68 721 



Crayton, 


Madden, 


Cotting, 


Maull, 


Davis, 


McCay, 


Dews, 


Minor, 


Dinkins, 


Miller, 


Dunning, 


McWhorter, 


Edwards, 


Moore of Columbia, 


Flynn, 


Murphy, 


Fort, 


Noble, 


Gibson, 


Pope, 


Goodwin, 


Potts, 


Gove, 


Prince, 


Golden, 


Reynolds, 


Griffin, 


Rice, 


Harris of Newton, 


Robertson, 


Hopkins, 


Sikes, 


Hotchldss, 


Seeley, 


Hooks, 


Smith of Coweta, 


Howe, 


Speer, 


Hudson, 


Shumate, 


Jackson, 


Stewart, 


Joiner, 


Strickland, 


Jordan, 


Trawick, 


Key, 


Walton, 


Lee, 


Whi taker, 


Linder, 


Whitehead of Butts, 


Lumpkin, 


Whiteley. 


Those who voted in 


the negative, are Messrs. 


Adkins, 


.Cameron, 


Akerman, 


Claiborne, 


Angier, 


Costin, 


Baldwin, 


Crane, 


Bell of Banks, 


Crawford, 


Bowers, 


Crumley, 


Bigby, 


Daley, 


Br ace well, 


Duunegan, 


Bryson, 


Foster of Paulding, 



722 CONFRDEEATB ReCOKDS 

Gruilford, Neal, 

Harrison of Carroll, Palmer, 

Harrison of Hancock, Rozar, 

Higbee, Saflfold, 

Higden, Shields, 

Houston, Smith of Thomas, 

Holcombe, Shropshire, 

Hutcheson, Stanley, 

King, Stone, 

Knox, Supple, 

Lott, Trammell, 

Maddox, Turner, 

Mathews, Wallace, 

Martin of Carroll, Waddell, 

Martin of Calhoun, Whitehead of Burke, 

Martin of Habersham, Williams, 

McHan, Woodey. 

Moore of White, 

There are yeas, 78 ; nays, 53. So the report, as amend- 
ed, was adopted. 

Mr. Conley moved a suspension of the Rule, for the 
purpose of offering the following resolution, to-wit : 

Resolved, That this Convention will adjourn sine die 
on Saturday, March 7th, at 3 o'clock p. m. 

Upon the question of suspending the Rule, the yeas 
and nays were required to be recorded. 

Those who voted in the affirmative, are Messrs. 

Akerman, Br ace well, 

Alexander, Bryson, 

Angier, Burnett, 

Bell of Banks, Cameron, 

Bowers, Claiborne, 

Bigby, Cooper, 

Blount, Costui, 



Journal Constitutional Convention 1867-68 723 



Conley, 

Crane, 

Crawford, 

Davis, 

Dews, 

Duimegan, 

Flynn, 

Poster of Paulding, 

Gibson, 

Goodwin, 

Gove, 

Griffin, 

Harris of Newton, 

Harrison of Carroll, 

Higden, 

Hotchkiss, 

Houston, 

Holcombe, 

Hooks, 

Hudson, 

Hutcheson, 

Jordan, 

Key, 

King, 

Knox, 

Lee, 



Lott, 

Mathews, 

Martin of Carroll, 

Martin of Calhoun, 

Martin of Habersham, 

McHan, 

McCay, 

Miller, 

Moore of White, 

Neal, 

Noble, 

Kice, 

Kobertson, 

SafPold, 

Shields, 

Smith of Coweta, 

Smith of Thomas. 

Speer, 

Shropshire, 

Stone, 

Trammell, 

Trawick, 

Waddell, 

Whiteley, 

Williams, 

Woodey. 



Those who voted in the negative, are Messrs. 



Adkins, 

Anderson, 

Ajshbum, 

Bentley, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Blodgett, 

Bryant, 

Brown, 



Buchan, 

Campbell, 

Carson, 

Casey, 

Caldwell, 

Clift, 

Chatters, 

Chambers, 

Cobb of Houston, 

Crayton, 



724 



Confederate Records 



Crumley, 

Cotting, 

Dailey, 

Dinkins, 

Dunning, 

Edwards, 

Grolden, 

Guilford, 

Harrison of Hancock, 

Higbee, 

Hopkins, 

Jackson, 

Joiner, 

Linder, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Minor, 

Moore of Columbia, 



Murphy, 

Palmer, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Rozar, 

Sikes, 

Seeley, 

Shumate, 

Stewart, 

Supple, 

Stanley, 

Strickland, 

Walton, 

Wallace, 

Wliitaker, 

jWbitehead of Burkt, 

Whitehead of Bufts. 



There are yeas, 66] nays, 59. So the motion to sus- 
pend the Rule was lost. 

Mr. Conley in the Chair. 

On motion of Mr. Whiteley, the Rule was suspended, 
and the Bill of Rights taken up. 

Mr. Murphy offered the following, to be known as 
section thirty of said Bill of Rights, to-wit : 

Manual and mechanical labor shall have such lien upon 
its products, and such remedies for its collection, and such 
priorities, as is now provided by law in cases of rent. 

Mr. Cotting offered the following, as a substitute for 
the section proposed by Mr. Murphy. The same was ac- 
cepted by Mr. Murphy, in lieu of his section, which, by 
permission, he withdrew: 



Journal Constitutional Convention 1867-68 725 

Mechanics and laborers shall have liens upon the prop- 
erty of their employers for labor performed and material 
furnished; and the Legislature shall provide for the sum- 
mary enforcement of the same. 

Mr. Lee moved to amend as follows : 

And the employers shall have liens on all crops, for 
provisions furnished employees. 

The amendment of Mr. Lee was lost. 

The substitute of Mr. Cotting, accepted by Mr. Mur- 
phy, was adopted. 

Mr. Whiteley proposed to amend the second section, 
by adding the following thereto, to-wit : 

And it shall be the duty of the Greneral Assembly, by 
appropriate legislation, to protect every person in the 
due enjoyment of the rights, privileges and immunities 
guaranteed in this section. 

The same was adopted. 

Mr. Ashburn proposed the following, to be known as 
the nineteenth section of the Bill of Rights, to-wit : 

No Court in this State shall have jurisdiction to hear 
or determine any suit, or render judgment in any case, 
against any resident of this State, upon any contract or 
agreement made or entered into, or upon any contract 
made in renewal of a debt, existing prior to the first day 
of April, 1867 ; nor shall any Court or ministerial officer 
of this State have jurisdiction or authority to enforce any 
judgment, execution or decree, rendered or issued upon 
any contract or agreement, or renewal thereof, prior to 
said first day of April, 1867, except in the following 



726 Confederate Becobds 

cases, in which the Courts and ministerial officers shall 
have jurisdiction and authority: 

All debts growing out of trust estates, and the claims 
of widows, minors and orphans ; Provided, Said claims ex- 
isted prior to the 19th day of January, 1861. 

After the first day of January, 1870, the Legislature 
may open the Courts, by a two-thirds vote, to meritorious 
claims, for their adjustment. 

Mr. Speer moved the indefinite postponement of the 
same, and on this motion, called for the previous ques- 
tion. 

Mr. McCay rose to a point of order, assuming that 
the proposition of Mr. Ashbum was not germain to the 
Bill of Rights. 

The President pro tern. (Mr. Conley in the Chair) 
overruled the point of order. 

Mr. Ashbum, by consent, withdrew his proposition. 

Mr. Whiteley moved the adoption of the Bill of Rights, 
as amended. 

Mr. Parrott called for the previous question, which 
was sustained. 

The Bill of Rights, as amended, was adopted. 

Mr. Whiteley moved its reference to the Committee 
on Revision. 

Mr. Waddell moved to amend the motion of Mr. 
Whiteley, by adding, that said Committee be instructed 
to strike out the thirty-sixth section of said report. 

Mr. Hotchkiss rose to a point of order, assuming that 



Journal Constitutional Convention 1867-68 727 

a motion to amend the report was out of order after the 
adoption of the report. 

The point of order was sustained by the Chair. 

The motion of Mr. Whiteley, to refer, prevailed. 

The report of the Committee on Judiciary Depart- 
ment was taken up, as unfinished business, the third 
paragraph of the first section being first in order. 

Mr. Bell of Banks, moved to amend said section, by 
striking out from the third line the words "the seat of 
government," and inserting, in lieu thereof, the words 
"at four places, to be designated by the General Assem- 
bly." 

Mr. Dunning moved to amend said section by adding 
thereto the following: 

The seat of government of this State, from and after 
the date of the ratification of this Constitution, shall be 
in the City of Atlanta; and the General Assembly shall 
provide for the erection of a new State House, and such 
other buildings as the public welfare may require. 

Mr. McCay rose to a point of order, assuming that the 
proposed amendment was not germain to the subject- 
matter under consideration. 

The point of order was overruled by the Chair. 

Mr. Bigby called for the reading of the following com- 
munication, laid by the President on the Secretary's desk, 
to- wit : 



728 Confederate Records 

Clerk's Office, City Council, 

Atlanta, Ga., February 21, 1868. 

Hon. J. R. ParroU, President State Constitutional Con- 
vention. 

At a regular meeting of the Mayor and City Council 
of Atlanta, this evening, 

On motion of Councilman Cox, the regular order of 
business was suspended and the following resolution 
unanimously adopted: 

Whereas, a proposition is now pending before the 
State Convention, now in session in this city, to remove 
the Capital to Atlanta, Therefore, 

Resolved, That we hereby tender the use of the City 
Hall for the use of the State Legislature, and all build- 
ings necessary for State officers, free of all cost, for the 
space of five years. 

If the City Hall is not acceptable, we propose to fit 
up other halls, etc., for the use of the legislative sessions 
for the above mentioned time. 

The above is a true extract from the Minutes of 
Council. 

S. B. Love, Clerk. 

Mr. Whiteley moved that the amendment of Mr. Dun- 
ning be referred to a Special Committee of five, with in- 
structions to consult with the City Councils of Macon, 
Atlanta and Augusta in reference thereto, and that they 
report to the Convention at an early day. 

Mr. Bryant called for the previous question, which 
was sustained, on the motion of Mr. Whiteley. 



JouENAL Constitutional Convention 1867-68 729 



Said motion did not prevail. 

Mr. Speer proposed to amend the amendment of Mr. 
Dunning, by striking out ''Atlanta" and 
*' Macon." 



inserting 



This amendment was ruled out of order by the Presi- 
dent pro tern., who decided that the previous question, 
which had been sustained, brought the Convention to a 
vote, first on the amendment upon which it was called, and 
then the remaining amendments pending. 

From this decision Mr. Bryant appealed. 

Upon the question of sustaining the decision of the 
Chair, the yeas and nays were required to be recorded. 

Those who voted in the affiraiative, are Messrs. 



Adkins, 

Alexander, 

Angier, 

Ashburn, 

Beaird, 

Bell of Banks, 

Bowden of Monroe, 

Blodgett, 

Bigby, 

Brown, 

Bracewell, 

Bryson, 

Bullock, 

Campbell, 

Carson, 

Casey, 

Caldwell, 

Clift, 

Chatters, 

Claiborne, 

Chambers, 



Cooper, 

Cobb of Houston, 

Costin, 

Crane, 

Crawford, 

Cray ton, 

Davis, 

Dailey, 

Dinkins, 

Dunning, 

Dunnegan, 

Edwards, 

Flynn, 

Poster of Paulding, 

Groodwin, 

Grolden, 

Guilford, 

Harris of Newton, 

Harrison of Carroll, 

Harrison of Hancock, 

Higbee, 



730 



Confederate Records 



Ilotchkiss, 


Moore of Colnmbia, 


Holcombe, 


Murphy, 


Hopkins, 


Noble, 


Hudson, 


Palmer, 


Hutcheson, 


Pope, 


Jackson, 


Potts, 


Joiner, 


Prince, 


Key 


Reynolds, 


King, 


Rozar, 


Knox, 


Robertson, 


Lee, 


Sikes, 


Linder, 


Shields, 


Lott, 


Seeley, 


Lumpkin, 


8mith of Coweta, 


Madden, 


Smith of Thomas, 


Maddox, 


Shropshire, 


Mathews, 


Shumate, 


Martin of Calhonn, 


Stewart, 


Martin of Carroll, 


Stanley, 


Martin of Habersham, 


Trammell, 


McHan, 


Trawick, 


McCay, 


Walton, 


Minor, 


Whitaker, 


Miller, 


Whitehead of Burke, 


Moore of White, 


Williams. 


Those who voted in 


the negative, are Messrs. 


Akerman, 


Hooks, 


Bentley, 


Rice, 


Baldwin, 


Speer, 


Bowers, 


8upple, 


Bryant, 


Stone, 


Cameron, 


Turner, 


Dews, 


Wallace, 


Gove, 


Waddell, 


Griffin, 


Whiteley. 


Higden, 





Journal Constitutional Convention 1867-68 731 

There are yeas, 92; nays, 19. So the decision of the 
Chair was sustained. 

The hour of 3 o'clock p. m, having arrived, the Presi- 
dent declared the Convention adjourned until 91/2 o'clock 
a. m., tomorrow. 



Atlanta, Ga., Thursday, February 27, 1868. 

The Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal was read. 

Mr. Akerman gave notice that he would move a re- 
consideration of so much of the Journal of yesterday as 
relates to the action of the Convention in regard to the 
subject of homestead, except such amendments as were, 
on yesterday, reconsidered. 

Mr. Whiteley gave notice that he would move a recon- 
sideration of so much of said Journal as relates to the 
refusal of the Convention to refer the amendment of Mr. 
Dunning, on the subject of removing the Capital, to a 
Special Committee. 

Mr. McCay gave notice that he would move a recon- 
sideration of so much of the Journal as refers to the 
entire action of the Convention on yesterday, on said 
amendment of Mr. Dunning, including the previous ques- 
tion. 

The motion of Mr. Akerman to reconsider was taken 
up. 

Mr. Blodgett rose to a point of order, assuming that, 
as the action in regard to homestead had been incorpo- 



732 Confederate Records 

rated into the Bill of Rights, which had been referred to 
the Committee on Revision, the matter sought to be re- 
considered could only be reached by a reconsideration of 
said reference. 

The President pro tern. (Mr. Conley in the Chair) de- 
cided that the motion of Mr. Akerman embraced the 
action of reference to the Committee on Revision, and 
that the motion was therefore in order. 

The same did not prevail. 

The following communication and accompanying Pre- 
amble and Resolutions, laid on the Secretary's desk by 
the President, were read, to-wit: 

City of Atlanta, 

Clerk's Office, February 26, 1868. 

Eon. J. B. Parrott, President State Convention-. 

I am directed by the Mayor and Council of Atlanta to 
transmit to you, for the consideration of the Convention, 
the enclosed certified copy — Preamble and Resolutions. 

Very respectfully, your obedient servant, 

S. R. Love, Clerk City Council. 



Council Chamber, 

Atlanta, Ga., Feb. 26, 1868. 

At a special meeting of the Mayor and City Council 
of Atlanta, held this evening, on motion of Councilman 
Peters, the following Preamble and Resolutions were 
unanimously adopted: 



Journal Constitutional Convention 1867-68 733 

Whereas, There is a proposition pending before the 
State Constitutional Convention of Georgia, now in ses- 
sion, to locate the Capital of Georgia in this City, frona 
and after the ratification of the Constitution to be 
adopted by said Convention — 

1. Resolved, That, in consideration of the location 
of said Capital, as proposed by said Convention, the City 
Council do hereby agree, covenant, and bind the City of 
Atlanta, free of cost to the State, to furnish, for the space 
of ten years, if needed, suitable buildings for the General 
Assembly, for the residence of the Governor, and for all 
the offices needed by such officers as are generally located 
in the State House, and also suitable rooms for the State 
Library and for the Supreme Court. 

2. Resolved, That we also agree to donate to the State 
of Georgia the Fair Grounds, containing twenty-five 
acres, as a location for the Capitol; and, if the location 
is not desired, to donate in lieu of the Fair Grounds any 
other unoccupied ten acres of ground in the City that 
may be selected by the General Assembly as a more 
appropriate place for the Capitol and Governor's Man- 
sion. 



Clerk's Office, City Council, 

Atlanta, Ga., Feb. 26, 1868. 

I certify that the above and foregoing is a true ex- 
tract from the Minutes of the City Council of Atlanta. 

[Seal of City.] S. B. Love, Clerk. 

Mr. Whiteley withdrew his motion to reconsider. 

The unfinished business of yesterday was resumed, to- 



734 Confederate Records 

wit: the report of the Committee on the Judiciary De- 
partment — the third paragraph of the first section, with 
the pending amendments of Mr. Bell of Banks, and Mr. 
Dunning, upon which the previous question had been 
called and sustained, being first in order. 

At this junction Mr. McCay called the attention of the 
President pro tern, to the notice given of a motion to re- 
consider by him, and made the motion limiting the same 
to the action of the Convention in sustaining the previous 
question on the foregoing paragraph and proposed 
amendments. 

Mr. Miller rose to a point of order, stating that the 
unfinished business having been resumed, it was too late 
for the motion to reconsider. 

The point of order was overruled by the Chair. 

Mr. Bullock called for the previous question, which 
was sustained. 

The motion of Mr. McCay to reconsider was lost. 

The question recurring on the amendment of Mr. 
Dunning, Mr. Whiteley required the yeas and nays to be 
recorded thereon. 

Those who voted in the affirmative, are Messrs. 



Adkins, 




Bigby, 


Alexander, 




Blount, 


Angier, 




Bryant, 


Ashburn, 




Brown, 


Beaird, 




Bracewell, 


Bell of Banks, 


Bryson, 


Bell of Oglethorpe, 


Buchan, 


Bowden of 


Campbell, 


Bullock, 


Blodgett, 




Burnett, 



Journal, Constitutional Convention 1867-68 735 



Campbell, 

Carson, 

Caldwell, 

Clift, 

Chatters, 

Claiborne, 

('hamibers, 

Cooper, 

( oatin, 

Conley, 

Crane, 

Crawford, 

Crayton, 

(^nimley, 

Davis, 

Dailey, 

Dinkins, 

Dunning, 

l^unnegan, 

Edwards, 

Ellington, 

Flynn, 

Poster of PanRding, 

Gibson, 

Goodwin, 

Golden, 

Guilford, 

Harris of Newton, 

Harrison of Carroll, 

Harrison of Hancock, 

Higbee, 

Hotchkiss, 

Houston, 

Hoi combe, 

Hopkins, 

Howe, 

Hutcheson, 

Jackson, 

Jones, 



Jordan, 

Key, 

King, 

Knox, 

Lee, 

Linder, 

Lott, 

Lumpkin, 

Madden, 

Maddox, 

Maull, 

Mathews, 

'Martin of Carroll, 

Martin of Habersham, 

McHan, 

Minor, 

Miller, 

Moore of White, 

Moore of Columbia, 

Murphy, 

Noble, 

Pope, 

Potts, 

Prince, 

Reynolds, 

Bozar, 

Sikes, 

Shields, 

Seeley, 

Smith of Coweta, 

Smith of Thomas, 

8peer, 

Shropshire, 

Shumate, 

Strickland, 

Trammell, 

Trawick, 

Waddell, 

Wlii taker. 



736 Confederate Records 

Whitehead of Burke, Woodey. 

Williams, 

Those who voted in the negative, are Messrs. 

Akerman, Joiner, 

Anderson, Martin of Calhoun, 

Bentley, McCay, 

Baldwin, McWhorter, 

Bowden of Monroe, Neal, 

Bowers, Palmer, 

Cameron, Rice, 

Cobb of Houston, Saffold, 

Cotting, Supple, 

Dews, Stone, 

Grove, Turner, 

Griffin, Walton, 

Higden, Wallace, 

Hooks, ^Vbitehead of Butts, 

Hudson, Wliiteley, 

There are yeas, 99; nays, 30. So the amendment of 
Mr. Dunning was agreed to. 

On motion of Mr. Miller, the Rule was suspended for 
the introduction of the following Resolution by Mr. 
Blount, to-wit: 

Resolved, That this Convention, in behalf of the State, 
hereby accepts the proposition of the City of Atlanta for 
the removal of the Capital of the State to said city, and 
will incorporate in the Constitution of the State a pro- 
vision securing said removal, and will hold the City to a 
just and full compliance with said proposition. 

Mr. Akerman offered the following amendment, which 
was accepted by Mr. Blount : 

The General Assembly shall have power to provide 



Journal Constitutional Convention 1867-68 737 

for the temporary removal of the seat of government in 
case of invasion, pestilence, or other pressing emergency. 

Mr. McCay proposed to amend said Resolution as 
follows, to-wit: 

The provision for the fixing of the seat of government 
shall not be operative until the City of Atlanta shall (in 
the judgment of the Governor, which he shall make known 
by proclamation) have fully complied with its undertak- 
ing this day made. 

Upon the question of agreeing to the proposed amend- 
ment of Mr. McCay, the yeas and nays were required to 
be recorded. 



Those who voted in the affirmative, are Messrs. 



Adkins, 

Anderson, 

Bentley, 

Beaird, 

Baldwin, 

Bell of Oglethorpe, 

Bell of Banks, 

Bowden of Monroe, 

Blodgett, 

Blount, 

Bryant, 

Buchan, 

Campbell, 

Carson, 

Cameron, 

Chatters, 

Cobb of Houston, 

Crayton, 

Cotting, 

Dews, 

Dinkins, 



Edwards, 

Gblden, 

Griffin, 

Harrison of Hancock, 

Higden, 

Hooks, 

Hudson, 

Joiner, 

Jones, 

Knox, 

Linder, 

Lumpkin, 

Madden, 

Martin of Calhoun, 

McCay, 

Minor, 

Moore of Columbia, 

Murphy, 

Neal, 

Noble, 

Palmer, 



738 



Confederate Records 



Pope, 

Prince, 

Reynolds, 

Rice, 

Rozar, 

Saffold, 

Seeley, 

Smitli of Thomas, 

Supple, 



: |[ jStanley, 
Stone, 
Strickland, 
Trawick, 
Walton, 
Wallace, 
AAlii taker. 

Whitehead of Butts, 
Whiteley, 



Those who voted in the negative, are Messrs. 



AJcerman, 

Alexander, 

Angier, 

Ashbum, 

Bowden of Campbell, 

Bowers, 

Bigby, 

Brown, 

Br ace well, 

Bryson, 

Burnett, 

Claiborne, 

Chambers, 

Cooper, 

Costin, 

Conley, 

Crane, 

Crawford, 

Crumley, 

Davis, 

Dailey, 

Dunning, 

Dunnegan, 

Ellington, 

Foster of Paulding, 

Gilbert, 

Groodwin, 



Gruilford, 

Harris of Newton, 

Harrison of Carroll, 

Hig^bee, 

Hotchkiss, 

Houston, 

Holcombe, 

Hopkins, 

Howe, 

Hutcheson, 

Jackson, 

Key, 

King, 

Lee, 

Lott, 

Maddox, 

Maull, 

Mathews, 

Martin of Carroll, 

Martin of Habersham, 

McHan, 

Miller, 

Moore of White, 

Robertson, 

Sikes, 

Shields, 

Smith of Coweta, 



Journal Constitutional Convention 1867-68 739 

Speer, Whitehead of Burke, 

Shropshire, Williams, 

Shumate, Woodey. 
Trammell, 

There are yeas, 60 ; nays, 61. So the amendment wac 
not agreed to. 

Mr. Hotchkiss moved a suspension of the Rule for the 
introduction of the following Resolution, to-wit : 

Resolved, That the report of the Committee on the 
Judiciary be adopted as a whole, and the Committee on 
Revision be required to so alter the phraseology as to 
make it conform to the instructions of the Convention 
concerning the same, and the vote taking up the report 
by sections be rescinded. 

The motion to suspend the Rule did not prevail. 

Mr. Speer moved to suspend the Rule for the intro- 
duction of a Resolution. 

Mr. McCay rose to a point of order, assuming that, 
as the previous question had been called and sustained 
on the third paragraph and first section of the Judiciary 
Report and amendments proposed thereto, the motion to 
suspend the Rule was not in order. 

The point of order was sustained by the President. 

The question recurring upon the amendment proposed 
by Mr. Bell, the same was not received. 

The third paragraph of the first section of the report 
of the Committee on the Judiciary Department was 
adopted as amended, and is as follows, to-wit : 

3. The Supreme Court shall have no original juris- 
diction, but shall be a Court alone for the trial and cor- 



740 Confederate Records 

rection of errors from the Superior Courts and from the 
City Courts of Savannah and Augusta, and such other 
like Courts as may be hereafter established in other cities ; 
and shall sit at the seat of government at such times in 
each year as shall be prescribed by law, for the trial and 
determination of writs of error from said Superior and 
City Courts. The days on which the cases from the sev- 
eral Circuits and City Courts shall be taken up by the 
Court shall be fixed by law. The seat of government 
of this State, from and after the date of the ratification 
of this Constitu